By Mark S. McGrew
The fifth amendment of the US Constitution states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on the presentment or indictment of a Grand Jury”.
So who or what is a Grand Jury?
Most Americans, including most Judges, most prosecutors and most lawyers think a Grand Jury is a function of the government, at the whim of the government, under the control and direction of the government. However, this is constitutionally false and always has been.
Americans are educated to believe that America has three branches of government: The Judicial, The Legislative and the Executive and that is they who decide our lives. This also is false. There is a Constitutional force which has power, authority and dominance over those three branches.
That is the The Grand Jury of We The People. The Grand Jury was intended to give the people of the United States of America total control over a potentially corrupt government and to enable prosecution of corrupt or criminal government officials, agents and employees, whether they were elected, hired or appointed.
The Constitution of The United States of America was created and designed to give the individual or collective people of America the power to tell the government what to do. The government, including the President of the country has no Rights to make Americans do anything that is not permitted by or is contrary to our Constitution. The US Constitution especially has no provision for an illegal alien to be our President and pass laws that we do not permit or condone.
United States Supreme Court Justice Antonin Scalia ruled in the case of United States vs. Williams, 504 U.S. 36 at 48 (1992):
“Rooted in long centuries of Anglo-American history, Hannah v. Larche, 363 US 420, 490 (1960) with J. Frankfurter 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 three branches described in the first three Articles. It is a constitutional fixture in its own right.”
To be crystal clear: The Grand Jury is a Constitutional fixture in its own right.
The Grand Jury is not a tool of government to use against its citizens.
Justice Scalia determined further, to reinforce that there is no question as to the purpose of the Grand Jury:
“In fact, the whole theory of it’s foundation is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between Government and the people. Although the Grand Jury normally operates, of course, in the courthouse and under judicial auspices, it’s institutional relationship with the Judicial branch has traditionally been, so to speak, at arm’s length. Judges direct involvement in the Grand Jury has generally been confined to the constitutive one of calling the Grand Jurors together and administering their oath of office”.
Besides providing for society to charge individual people for crimes, the Grand Jury is a tool for the citizens to use against a criminal government or our government acting against the designs of our Constitution. And it was specifically designed to prosecute the criminal actions of government employees and their lawyers.
Any judge who tells a jury to “disregard that remark or disregard that evidence” is violating the US Constitution and can and should be indicted by a Common Law Grand Jury.
Any Congressperson, Senator, Governor or police officer who violates the constitution can and should be indicted by a Common Law Grand Jury, without the advice, consent, permission or interference of any government employee.
This is why America has always been promoted as a land where no man is above the law, including the President.
However, in 1946, certain people hijacked the role of our Grand Jury and the courtroom jury and henceforth, embarked on a mission of misinformation, distortions and blatant lies to convince the American people and the entire legal community, that it is the government that determines what is right and what is wrong in the actions of the government or of any elected government officials, employees or agents.
In an article in the Creighton Law Review, Volume 33. number 4, 1999-2000, Roger Roots, Juris Doctorate wrote:
“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 government 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.”
Judges and prosecutors and attorneys began using the phrase “runaway grand jury” to create ridicule and scorn upon a jury that chose to think for themselves, which is the Constitutional Right of any jury.
Roger Roots continues, “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 for 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.”
In 1946, The Federal Rules of Criminal Procedure were adopted. In those procedures, they made a rule to punish runaway grand juries. 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 could throw anyone off a grand jury, or even dis-impanel a grand jury entirely, merely for exercising its own discretion and not doing what the court or prosecutor tells them to do.
All laws in America, whether federal, state, county or city must conform to the framework of the United States Constitution. Laws can be illegal, and many laws are illegal. Rules are not even laws and have no authority if attached to a source that is not in line with the US Constitution. Laws, rules, orders, methods of the government that do not conform to the US Constitution are considered “Fruit from the poison tree” and if challenged as such, and proven not to be Constitutional in nature, must be unenforceable.