How to bring back real Grand JuriesSubmitted by MaxK on Thu, 12/02/2010 - 23:27
[This is a follow up to the article "bring back exclusive private prosecution".]
Grand Juries are the backbone of citizens control over corrupt government. Grand Juries have the power both to give indictments and *presentments*, a power protected by the fifth amendment, and it is this last power that makes the grand jury the independent investigative body of citizens that it is. A Grand Jury does not have to simply indict based on evidence presented to it; they can also independently investigate crimes and offer presentments. This allows corrupt government to be investigated and to be charged. This is sometimes called a "runaway" grand jury by propagandists, but its actually the protected grand jury power of presentment, and necessary for a free and lawful society. http://legal-dictionary.thefreedictionary.com/presentment
(Third down definition is the most helpful)
Online, I have read that the presentment power of Grand Juries was selectively edited out of federal procedure rules, despite being specifically part of the US Constitution.
That didn't sound right, and I asked Bob Unruh at Worldnetdaily to ask Larry Klayman about it by email, who recently came out of retirement, and he did and mentioned it in the next interview he wrote on Klayman; which the relevant part is pasted below:
"We the people have been providentially provided means of legal recourse to address the criminal conduct of persons themselves entrusted to dispense justice," Klayman told WND.
He said in the Supreme Court ruling in United States v. Williams, in 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."
Klayman said the Founding Fathers wanted the grand jury to not be part of the judicial branch, and they wanted a route through which citizens could seek redress of their grievances without having to ask permission of the state, as the state will nearly always seek to protect its own establishment interests.
"Thus, citizens – ordinary Americans – have the unbridled right to empanel their own grand juries and present 'True Bills,' which are indeed indictments, to a court, which is then required to commence a criminal proceeding upon which the accused has full constitutional right to present a defense and seek to prove her innocence," Klayman said.
"Importantly, even the Federal Rules of Criminal Procedure, which allow federal prosecutors to present indictments after a grand jury has issued them, does not preclude citizens from so doing."
Grand Juries are pivotal to keeping corrupt government in check. They are the ones that charge corrupt public servants with crimes.
Klayman quoted from the Williams decision: "Rooted in long centuries of Anglo-American history … 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."
"In this way, the 'Rule of Law,' not violence, may seek to preserve the Republic, and to avoid armed revolt among the people as occurred in 1776," Klayman said.
I wasn't aware of the 1992 case until I asked about it, so I thought I'd post this, as grand juries, both on the local level and federal, are needed to investigate the crimes in the government!
1/4) Bring back exclusive private prosecution and get rid of prosecutor office
2/4) How to bring back real Grand Juries
3/4) Bring Back Elected Sheriffs as only Law Enforcement