The Grand Jury belongs to people, not governments - Scalia - 1992
On Sunday, December 8, 2013 2:43 PM,
TOO BAD SOME LAWYER WITH A BACK BONE doesn*t step up to the plate
and bring a Grand Jury to indict OBAMA! Is he not in direct conflict with his
sworn oath of office? Has he not went against the Constitution of 'We the
People'? Is he not responsible for Bengazi? Fast and Furious? and who knows
what else?
Read the attached and if you wish, the full opinion is linked
below.
--
United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992)
http://www.law.cornell.edu/supremecourt/text/504/36
NEW YORK IS “GROUND ZERO” - Major grassroots movement in 48 States, Constituting Common Law Grand Juries. In a
stunning six to three, 1992 Decision that went unnoticed, until now, Justice Antonin Scalia writing for the majority said:
In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992), Justice
Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive
nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government
"governed" and administered to directly by and on behalf of the American people, and its authority emanates from the
Bill of Rights, the acts of the Grand Jury is the consent of the people.
“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. 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”. -- Justice Antonin Scalia
“Thus, citizens have the unbridled right to empanel their own grand juries and present "True Bills" of indictment to a
court, which is then required to commence a criminal proceeding. Our Founding Fathers presciently thereby created a
"buffer" the people may rely upon for justice, when public officials, including judges, criminally violate the law.” --
Justice Antonin Scalia
“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. The "common law" of the Fifth
Amendment demands a traditional functioning grand jury.” -- Justice Antonin Scalia
“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. The grand jury's functional independence from the judicial branch is evident
both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised.”
-- Justice Antonin Scalia
“The grand jury 'can investigate merely on suspicion that the law is being violated, or even because it wants assurance
that it is not.' It need not identify the offender it suspects, or even "the precise nature of the offense" it is investigating.
The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor
require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally
operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.” -
- Justice Antonin Scalia
“Recognizing this tradition of independence, we have said the 5th Amendment's constitutional guarantee presupposes
an investigative body 'acting independently of either prosecuting attorney or judge” -- Justice Antonin Scalia
“Given the grand jury's operational separateness from its constituting court, it should come as no surprise that we have
been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over
the years, we have received many requests to exercise supervision over the grand jury's evidence-taking process, but we
have refused them all. "it would run counter to the whole history of the grand jury institution" to permit an indictment
to be challenged "on the ground that there was incompetent or inadequate evidence before the grand jury." -- Justice
Antonin Scalia
--
United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992)
http://www.law.cornell.edu/supremecourt/text/504/36
NEW YORK IS “GROUND ZERO” - Major grassroots movement in 48 States, Constituting Common Law Grand Juries. In a
stunning six to three, 1992 Decision that went unnoticed, until now, Justice Antonin Scalia writing for the majority said:
In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992), Justice
Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive
nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government
"governed" and administered to directly by and on behalf of the American people, and its authority emanates from the
Bill of Rights, the acts of the Grand Jury is the consent of the people.
“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. 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”. -- Justice Antonin Scalia
“Thus, citizens have the unbridled right to empanel their own grand juries and present "True Bills" of indictment to a
court, which is then required to commence a criminal proceeding. Our Founding Fathers presciently thereby created a
"buffer" the people may rely upon for justice, when public officials, including judges, criminally violate the law.” --
Justice Antonin Scalia
“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. The "common law" of the Fifth
Amendment demands a traditional functioning grand jury.” -- Justice Antonin Scalia
“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. The grand jury's functional independence from the judicial branch is evident
both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised.”
-- Justice Antonin Scalia
“The grand jury 'can investigate merely on suspicion that the law is being violated, or even because it wants assurance
that it is not.' It need not identify the offender it suspects, or even "the precise nature of the offense" it is investigating.
The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor
require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally
operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.” -
- Justice Antonin Scalia
“Recognizing this tradition of independence, we have said the 5th Amendment's constitutional guarantee presupposes
an investigative body 'acting independently of either prosecuting attorney or judge” -- Justice Antonin Scalia
“Given the grand jury's operational separateness from its constituting court, it should come as no surprise that we have
been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over
the years, we have received many requests to exercise supervision over the grand jury's evidence-taking process, but we
have refused them all. "it would run counter to the whole history of the grand jury institution" to permit an indictment
to be challenged "on the ground that there was incompetent or inadequate evidence before the grand jury." -- Justice
Antonin Scalia
1 comment:
Larry Klayman of the Institute For Justice is the lawyer with the guts. A grand Jury in Florida has
already indicted obummer. IJ. has won law suites all over the country. His website is: www.IJ.org.
A very worthy cause indeed!!!
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