Brian’s Column: Going on the Offensive with Virtual Grand Juries

Some thoughts how ‘we the people’ can eliminate[1] corrupt public officials…
and those complicit in their crimes

LibertyLadyMy first thoughts—especially having attended on May 11 a judge’s peremptory dismissal of Dr. Georgetta Livingstone’s countersuit vs. the homeowners’ association that is driving Georgetta out of her Clarkston home (for working around DTE’s outrageous shutoff of her electrical power)—were “Aren’t they all?” Corrupt, that is.

No, I can name ~half a dozen current or former state legislators—say, like state rep Tom McMillin from the Rochester area (who was ironically term-limited out)… and reps Gary Glenn, Jim Runestad, Martin Howrylak, Sen. Patrick Colbeck (all maybe 90% proliberty record from what I can tell)… and I’m sure there’s another one or two that just don’t come to mind—and perhaps a couple of dozen honest and mainly libertarian local officials. Can you say drop in the bucket?

As I left the courthouse, chatting with a few of Georgetta’s supporters from the anti ‘Fry & Spy’ meter cause (also here, and here), it dawned on me once more, strikingly, how the system is antihuman. [Just walking into the courthouse, as when I go to the state capitol, I feel I’m walking into some Medieval torture chamber administered by priests high and low, who mainly just go through the motions, follow a domination script set in stone by some unapproachable, ancient deity. 

It’s like the scene from the movie, The Life of Brian (1979), where individuals are all lined up to be nailed to crosses. A clerk sits at a table asking each person successively in line, “Crucifixion?”, then one by one, the people in line resignedly say, “Yes, crucifixion.” The clerk responds, “One cross each, second door on the right,” then motions them along. Until the last one reaches the table and to the inquiry, “Crucifixion?”, he answers, “No. No. Freedom!” Causing consternation on the face of the clerk. To which the troublemaker says sadly, “Just kidding. It’s crucifixion.” … “One cross each, second door on the right.”]

Yes, Freedom!

Today it’s Georgetta’s turn in the gallows, yesterday it was Dave and Glenna’s, tomorrow it will be you and me. It’s just a matter of time. I tell my compatriots, there is something dreadfully wrong with this whole system… which has us all stand in line for one cruel fate or another dictated by a self-inflated entourage of rotted state drones. And I know, fundamentally and pertinently, what it is: We the people have let atrophy the most powerful tool at our disposal for going on the offensive against evil government and its minions—for directly monitoring and controlling government: the common sense grand jury.

What is the common sense grand jury?

Simply, 25 (by custom, but an odd number more than say 13 seems fitting; a decision takes a majority) of our peers who investigate and, if probable cause of a crime exists, bring indictments for a trial jury to consider. [For impartiality, peer jurors must not be directly employed or financially connected to the person or entity being investigated.] Two major applications of the grand jury exist: 1) private persons and businesses and 2) government persons and associates. The modern state-usurped grand jury system has taken control of #1 and attempted to bury popular knowledge of the people’s ultimate direct power over government officials in #2.

In other words, the state does not want ‘us the people’ to know that the grand jury system belongs to us. It’s ours. By Constitution and custom, the grand jury has always been the highest legal embodiment of the people as a whole, the “4th Branch of Government” that the other three must obey… especially in the administration of criminal justice over errant public officials and their accomplices. The grand jury foreman (and his/her jurors) outranks judges, prosecutors, cops, pols (including governors and presidents), meter maids, etc., what he/she says goes. The grand jury can subpoena anyone, issue orders to judges for injunctions or relief, indict any public official—especially judges, prosecutors, cops, and politicians—about whom a citizen has formally complained.[2]

Not all states or counties have grand juries, as such. The federal government does, but falsely controls the institution through judicial-mafia intimidation. In practice a judge or public official high in the legal establishment refers complaints (charges of crimes)—complaints by the government, rarely legitimate complaints by the citizens—to a sitting grand jury who is then browbeaten into rubber stamping whatever the government wants. The government also occasionally empanels special grand juries to follow its orders. This is a bestial perversion of the grand jury proper, and produces beastly injustices.

Here’s a key point: By Constitution and custom, sitting grand juries, themselves, are duty bound to take complaints directly from legal persons in their jurisdiction and to decide whether to investigate, indict, or form a special grand jury to do so. Some judges[3] who still understand the nature of proper grand juries are willing to refer legal-person complaints about government officials to the sitting grand jury of their jurisdiction… and then to fully enable/empower those grand juries and their foremen to exercise full authority.[4] Such a people’s grand jury is conceivable under the current system, and has even occurred, say, in some local police abuse cases. But rare. Why?

The number of good judges who care about the people and about the Constitution and, also, know about the law are like good public officials: rare as hen’s teeth. Thus, the battle is up hill for ‘we the people’ who wish to go on the offensive and indict for trial corrupt public officials… such as DTE executives (and service personnel) who cut off Georgetta’s power because she refused their Fry & Spy meter out of health considerations. We have clear intent to deprive a human being of life-sustaining property thru blatant and unlawful acts of aggression. Any public officials complicit in the crime of violence—including the homeowners’ association suing Georgetta and not DTE—are all personally liable for First Principles crimes against an individual human being. Punishment upon conviction needs to be based on guidelines for armed robbery, manslaughter, and attempted murder.

How do we get justice to happen for Georgetta… and the rest of us? As important, how do we put the fear of God into any public official or government-franchised monopolist who wants to commit such First Principle violations, thus to restrain such persons to sit on their hands rather than face the people’s noose? We know the answer is common sense real grand juries. What is the quickest way to get to the people’s real justice institution?

Virtual Grand Juries

We can go judge shopping. Bad odds. Even if he/she’s a good one, the government matrix will most likely prevent success. We can get a bunch of like-minded devout persons together, call ourselves a Constitutional grand jury, occupy a courtroom, and indict offending officialdom.[5] Again, bad odds… including risk of arrest and jail… not to mention loss of focus, e.g.”what are we doing here?”

Best option IMHO: Use our natural freedom of association as described in the Bill of Rights and modern capabilities via cyberspace to form virtual grand juries. I’m now going to list several steps for how I can envision success and imminent migration to real people’s grand juries from a launch of virtual grand juries. Keep in mind these are in the nature of quick initial brainstorming and that I have no particular great or precise knowledge of how the current grand jury systems work… or even a deep, stellar understanding of grand juries such as the authors I cite in note [2]:

  1. Start with a specific case and build a popcorn system around it, later more robust. Let’s go with Dr. Livingstone’s situation, which is particularly outrageous and stands to expropriate her home.
  2. Form a Facebook Group, let’s envision an larger organization, probably a national one, with a Website, for now just call it VIJA (Virtual Independent Jury Association)—anticipating coverage of trial juries and ‘nullification’ powers, too.
  3. Think of organizing at the county, state, and federal level. Each county will have a VIJA grand jury (GJ), also each state. The federal VIJAs will conform to the district court naming of the current US system.
  4. Facebook Group Oakland County VIJA formed (which will have virtual jurisdiction in Georgetta’s case), general purposes outlined. Simple: create a sitting GJ for Oakland County, and a form for submitting complaints (charges) for public officials and their accomplices to be investigated for gross misconduct and high crimes. [Note: VIJA will only deal with #2 application of GJ, public official corruption.]
  5. Write statement of purpose of OC VIJA GJ: investigate and indict, based on evidence, of gross criminal misconduct  of government officials and accomplices. [Note in particular that First Principle (Declaration of Independence) violations of life, liberty, and property rank highest in indictable offenses.]
  6. Gather members. Probably two categories, a) those who support in general, and b) those who consent to be empaneled on a grand jury of their choosing; since we’re talking about category #2 GJs, these GJ members cannot be government employees, or at least not in a government office that touches remotely on the case.
  7. Downstream, we have to go to a controlled Website framework for member definition, initial Facebook implementation is prototype in that regard.
  8. A category a) member, perhaps, as standing for the general population of persons —well, any FB Group member—takes note of a government/associate (alleged miscreant) crime and writes a complaint using the complaint template; someone will act as secretary of the OC VIJA GJ and record the complaint.
  9. Officers or a board of the OC VIJA GJ (OCVGJ) will examine the complaint, and possibly combine other complaints about other alleged miscreants (AMs) into one case. The officers and/or the secretary of the OCVGJ will reject any complaints regarded as frivolous.
  10. The OCVGJ board are the Facebook users who create the OCVGJ organization. The OCVGJ board shall be responsible for the process of forming the actual VGJ that hears the cases. For ease of configuration, start with a seven member VGJ; each VGJ juror commits to at most two hours per week hearing cases.
  11. If workload exceeds two hours a week for any juror on the actual VGJ of the OCVGJ, the OCVGJ board shall be notified by the grand jury foreman of the actual VGJ and the next case will be assigned to another VGJ. Numbering scheme: to denote actual VGJs, VGJ1, VGJ2, etc., to denote cases of the actual VGJ: e.g. VGJ1 C1, VGJ1 C2, etc.
  12. For cases expected to take more than two months, the OCVGJ board shall be informed by the actual VGJ to which the case was assigned, and form a special VGJ. Again these rules for forming a special VGJ need to be worked out, some may simply ask that volunteering members be specially qualified or willing to serve longer on a new VGJ.
  13. Members of VGJs (and all real American grand juries to follow) shall understand the US Constitution to a minimal level, say, as established by a short quiz of the course offered by Michael Badnarik or Kris Anne Hall. [e.g. everyone needs to know that ‘necessary and proper’ and the ‘general welfare’ clauses have definite confined meanings, do not authorize any power imagined by government.]
  14. All members of VGJs shall also understand the five First Principles identified in the Declaration of Independence [1) natural individual rights (life, liberty, property), 2) sole purpose of government to secure rights, 3) equality of individuals before the law (no privilege), 4) government requires individual consent, 5) the people’s right to alter/abolish/monitor/control.]
  15. Actual VGJs will meet online via suitable teleconferencing software—though in person meetings are certainly encouraged if at all convenient—will pick a foreman and independent counsel if one can be found. Jurors of the FB VGJs will have the role of interviewing suspects, or anticipating noncooperation from officials, will agree to fairly enter virtual testimony obtained from virtual subpoenas and interviews.
  16. OCVGJ board will work out the policies, procedures, and requirements for the FB Group. Recommend it be a closed Group.
  17. I would start with the Georgetta case and issue a complaint that the Chariman of the Board of DTE, the individual members of MPSC, enabling personnel including any Clarkston police officials or technicians, engaged in a conspiracy to unlawfully deny to Georgetta Livingstone the peaceful enjoyment of her rightfully owned property and maliciously prevented her from taking actions to secure her life and health. [This will take some legal digging; David Lonier has a list of laws violated. I would like to see the charges resemble armed robbery, assault, manslaughter, and/or attempted murder.]
  18. The key in all these virtual cases is publicity. The individual people being charged should be formally notified by registered mail that they are being virtually charged and will be virtually subpoenaed for testimony. Mainstream media outlets and major public officials, especially Oakland County court judges and the prosecutocracy, need to be informed as well.  Always make it clear that these are virtual proceedings and have no legal effect in the existing coercive government system. [We have to be careful not to be charged with impersonating public officials].
  19. The output will be a virtual indictment(s), which may be sent to the same persons as in the previous step. Also to people in the anti-Fry & Spy meter movement.
  20. Accompanying the virtual indictments you can send formal written suggestions to the existing real grand jury that it should conduct a fully empowered investigation along the lines you have just finished and bring real indictments of these highly probable criminals.

So that’s the basic idea. I can’t do any of the organizing and creating, myself, though I’d be glad to serve on a virtual grand jury for these purposes. Ultimately, these virtual grand juries will become the pattern that real people’s grand juries will follow in bringing corrupt, criminal public officials to trial and sending to prison where they belong.

Note: My book, The Truman Prophecy, anticipates virtual grand juries (though not in any developmental detail), and several other methods for taking back our power. [For example the Snowden-Manning campaign and 10-point liberty political program.] We’ve always had it, it’s just a matter of manning up and dusting it off in public.

SM16_Buildasign_Proof

[1] By eliminate I mean have a people’s independent grand jury investigate and, if probable cause is established, indict to a trial jury of their peers, and if found guilty beyond a reasonable doubt fined, sent to prison, or otherwise punished—forfeiting pensions and prohibited from public office henceforth.

[2] To get a handle on the true nature and purpose, also history, of grand juries as tools to protect the people from tyrannical, corrupt government, please read the book The Hidden 4th Branch, by Kelly Mordecai. Also check out William Windsor’s Lawless America site, where he proposes a more legislative strategy for resurrecting people’s grand juries.

[3] A good example of a good and knowledgeable judge is Jim Gray, who was the Libertarian Party’s vice-presidential nominee in 2012. He is a former California Superior Court judge who knows that grand juries must be reclaimed by the people, and urgently.

[4] It should be noted that a properly functioning people’s grand jury these days is going to need the services of an independent counsel who will understand and help to competently implement legitimate grand jury procedures—subpoenaing witnesses, taking testimony, issuing orders to judges and prosecutors, interfacing with officers of the court, and carrying out the expressed wishes of the grand jury foreman.

[5] This approach seems to be promoted by an organization known as the National Liberty Alliance. Check out the site here. I’ll let you be the judge. In any case, the existing legal juggernaut has not taken notice of NLA grand juries, except to go after some of the leaders. Success appears to be as remote as finding clean water near a fracking site.

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