Model Grand Jury Charge

Dear Patriots,

We hear much talk about impeachment, but LCDR Walt Fitzpatrick, who knows the ins and outs of all types of law, assures me that Barack Obama cannot be impeached because he is not considered legitimate. He produced a fraudulent Birth Certificate which has been debunked, and he has yet to produce a long-form hospital Birth Certificate. Until he does, how can we legitimize his Presidency by calling for his impeachment?

The Role of the Grand Jury

The Grand Jury is the means by which people who volunteer from every walk of life work to ensure that the institutions of government are responsive and fair to those who are governed. Grand Juries perform two primary roles: One is to evaluate the validity of charges being brought to their attention by a prosecutor (and a citizen), if the charges are not reviewed by a judge, to ensure that they are not frivolous or ungrounded. The other is to inquire into, and investigate if necessary, the operations of local government agencies and officials to ensure that activities are valid and services are efficiently and legally provided.

Although the American Grand Jury was originally conceived as a protector of ordinary citizens against other ordinary citizens, the fairness of its criminal operations has been questioned by various commentators and judges. U.S. Supreme Court Justice William Douglas stated, “It is, indeed, common knowledge that the Grand Jury, having been conceived as a bulwark between the citizen and the Government, is now a tool of the Executive.” Some have even referred to it as a “rubber stamp” for prosecutors.

Criminal Indictments

The California Constitution permits criminal trial on the basis of indictment by a grand jury or by information after the District Attorney recommends prosecution and a judge agrees that facts exist which warrant prosecution. In addition, under S 917 of the Penal Code, “the Grand Jury may inquire into all public offenses committed or triable within the county, and present them to the court by indictment.” In actual practice, grand juries seldom initiate such inquiries; rather, such offenses are generally brought to the grand jury by the District Attorney, who asks for and generally receives an indictment, upon presentation of adequate facts.

Investigation of Complaints and Accusations

The Grand Jury is also likely to receive a number of citizen complaints. S 919 of the Penal Code requires the Grand Jury to inquire into the willful or corrupt misconduct in office of public officers of every description within the county. Where misconduct is found, the grand jury may file an accusation leading to a trial. Frequently, if there is misconduct in office, it is of a criminal nature, and an indictment rather than an accusation would be issued. It is also possible that an official would rather resign than face an accusation. In a report published by the California Grand Jurors Association, misconduct in office could include any of the following:

Nonfeasance:

1) The failure to act where duty requires an act; or

2) Neglect or refusal, without sufficient cause or excuse, to do that which is the officer’s legal duty to do, whether willfully or with malice; or

3) Willful neglect of duty.

Misfeasance:

1) The improper or doing of an act that a person might lawfully do; or

2) The performance of a duty or act that one ought to do or has a right to do, but in a manner such as to infringe upon the rights of others.

Malfeasance:

1) The performance of an act that is positively unlawful or wrong; or

2) The performance of a wrongful act that the person has no legal right to do.

Source: http://www.glenncourt.ca.gov/court_info/grand_jury.html

The Federal Grand Jury

The federal grand jury’s function is to determine whether the person being investigated by the government shall be tried for a serious federal crime alleged to have been committed in the district where it sits. Matters may be brought to its attention in three ways: (1) by the government attorney; (2) by the court that impaneled it; and (3) from the personal knowledge of a member of the grand jury or from matters properly brought to a member’s attention. In all these cases, the grand jury must hear evidence before taking action.

After it has received evidence against the person being investigated, the grand jury must decide whether the evidence presented justifies an indictment, or “true bill”, which is the formal criminal charge returned by the grand jury. Upon the indictment’s being filed in court, that person must either plead guilty or nolo contendere or stand trial.

Source: http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/FederalCourts/Jury/grandhandbook2007.pdf

Model Grand Jury Charge

Approved by the Judicial Conference of the United States, March 2005

Ladies and Gentlemen:

1. Now that you have been impaneled and sworn in, it is the Court’s responsibility to instruct you as to the law which should govern your actions and your deliberations as Grand Jurors.

2. The framers of our Federal Constitution deemed the Grand Jury so important for the administration of justice, they included it in the Bill of Rights. The Fifth Amendment of the United States Constitution provides in part that no person shall be held to answer for a capital or otherwise infamous crime without action by a Grand Jury. An infamous crime is a serious crime which may be punished by imprisonment for more than one year. The purpose of the Grand Jury is to determine whether there is sufficient evidence to justify a formal accusation against a person–that is, to determine if there is “probable cause” to believe the person committed a crime…

3. The Grand Jury is an independent body and does not belong to any branch of the government. As members of the Grand Jury, you, in a very real sense, stand between the government and the person being investigated by the government. A federal grand jury must never be made an instrument of private prejudice, vengeance, or malice. It is your duty to see to it that indictments are returned only against those who you find probable cause to believe are guilty and to see to it that the innocent are not compelled to go to trial.

Source: http://www.uscourts.gov/FederalCourts/JuryService/ModelGrandJuryCharge.aspx

In conclusion, we must realize how important the Power of Presentment is to our Grand Juries. They are allowed, with or without the U.S. Attorney’s office, to investigate any criminal charges brought to their attention by an ordinary citizen. They may also initiate an investigation based on information they may discover on their own. In fact, they are under Penal Code to do so.

I encourage you to write your own criminal complaint against Mr. Obama, have it notarized, and take it to your County and/or Federal Grand Jury. If a U.S. Attorney or other branch of the government does not allow these charges to be seen by a Grand Jury, he or she is obstructing justice and can be held accountable by a Grand Jury. Sample criminal complaint letters can be found here or at: http://thejaghunter.wordpress.com/

The Patriot Army of America ~ Unrepentant Patriot