Monroe County Tennessee Grand Jury

The Future of Freedom and the 4th Branch

By —— Bio and Archives--December 20, 2009

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Is it possible that the future of freedom rests in the hands of a Monroe County Tennessee Grand Jury? In an era of strange and hard to explain daily events, it might be more than possible.

We often speak of the three branches of the federal government and the hypothetical separation of powers between them—a separation no one could prove today.

For more than a hundred years now, we assumed that these three administrative branches, the Executive, Legislative and Judicial branches, would provide adequate protections for the people and their future of freedom and liberty via checks and balance put in place by our nation’s Founders for that very purpose.

We assumed wrong… and the Founders were correct to assume that one day, a generation or two of Americans would fail to keep their elected officials in check, which is why they often spoke of a 4th branch of government, a branch seldom mentioned in America today.

The 4th branch of the federal government is “the people.”

When the other three branches of government fail to keep themselves in check, within the confines of the powers afforded them by the people and the states under the US Constitution, the 4th branch, the people, have the power and the obligation to put them back in check. But when is the last time you heard anyone speak of the 4th branch?

The final buck stops with us, “the people.” We are held accountable for what happens to this nation.

“The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive.”—Thomas Jefferson

We have come to expect Washington DC elites to live outside of the laws they pass - to institute laws they have no Constitutional authority to pass—and to see themselves as omni-powerful rulers operating with immunity, beyond the reach of the commoners.

We have forgotten our role in government, as the 4th branch, the final arbiter of truth and justice, and the final defenders of freedom and liberty, wherein the people take control of the situation whenever the other three branches of government become destructive of these ends.

Now, here is where the real lesson begins…

The 4th branch is the final wall of defense that stands between a future of freedom and a future of tyranny and slavery. When elected officials fail to keep themselves in check and the Supreme Court fails to step in and uphold the US Constitution as the law of this land, only the people, the 4th branch, can derail the destruction of our free republic.

“The republican is the only form of government which is not eternally at open or secret war with the rights of mankind.”—Thomas Jefferson

Today, we find ourselves in the presence of a runaway federal government. All three branches are working in concert towards the total destruction of the free republic. Not even the US Supreme Court, which has the power to reach down and take up the constitutionality of the actions taken by the legislative and executive branches, is willing to do so today.

That leaves the future of freedom and liberty squarely in the hands of the 4th branch, the people.

Some have been taught to believe that we have a government of, by and for the people, and that the people must live with the consequences of elections, even when elections are fraudulent and the people have been manipulated into that corner. They believe that no 4th branch exists, or that the 4th branch has no peaceful remedy beyond waiting for the next election cycle.

They are wrong on both counts…

The three branches of government exist to “serve” the people and the states, not to “rule” over anyone. Our Declaration of Independence clearly states—“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

The people have the power under this clause alone. But is this the only remedy left when all three administrative branches of the federal government become destructive of the nation?

The Bill of Rights begins with—“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

If the people have the right to “peaceably assemble, and to petition the government for a redress of grievances,” this means that the people, the 4th branch, have a remedy short of all out revolution. But what is it?

What is the mechanism by which the people can assemble and petition their government for redress?

  • Are the people limited to only a violent solution?
  • Are the people stuck with tyranny until the next election?
  • Are the people limited to public protests?
  • Are the people limited to letter, fax and email campaigns?
  • Are the people limited to signed petitions?

Are any of these things what the Founders had in mind when they wrote and ratified the Charters of Freedom?

A runaway government is not likely to hear any of these forms of dissent. An elite ruling class is not likely to concern themselves with such toothless measures. We have seen that these peaceful petitions for redress mean nothing to them.

The People’s Grand Jury is the Device

To petition the government is to do so within the legal system, to ask a court to step in and rule on the constitutionality of governments actions. I’m not referring to the Citizen Grand Juries being formed outside of the justice system in desperation, although they are constitutionally grounded in those efforts. I’m talking about the court appointed Grand Juries.

Justice Powell, in United States v. Calandra, 414 U.S. 338, 343 (1974), stated: “The institution of the grand jury is deeply rooted in Anglo-American history. [n3] In England, the grand jury [p343] served for centuries both as a body of accusers sworn to discover and present for trial persons suspected of criminal wrongdoing and as a protector of citizens against arbitrary and oppressive governmental action. In this country, the Founders thought the grand jury so essential to basic liberties that they provided in the Fifth Amendment that federal prosecution for serious crimes can only be instituted by ‘a presentment or indictment of a Grand Jury.”

Clearly, the People’s Grand Jury is intended to serve the purpose of keeping the federal justice department in check related to wrongful oppressive prosecution of citizens for political witch hunts. But does the power of the People’s Grand Jury stop there?

“Cf. Costello v. United States, 350 U.S. 359, 361- 362 (1956). The grand jury’s historic functions survive to this day. Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions. Branzburg v. Hayes, 408 U.S. 665, 686-687 (1972).”

This means that the Grand Jury has TWO functions and TWO powers. To protect citizens from wrongful prosecution, and to review evidence to determine whether or not probable cause exists to determine if a crime has been committed.

Different states have different laws in place in this regard. Some states allow only a government prosecutor to present evidence to the Grand Jury. Other states allow any citizen to appear before the Grand Jury to present evidence of a crime.

This begs the question, who does the People’s Grand Jury belong to? Supreme Court Justice Anthony Scalia seems to answer this question in United States v. Williams…

In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, in United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land: ” ‘[R]ooted in long centuries of Anglo-American history, Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., 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 branches described in the first three Articles. It “‘is a constitutional fixture in its own right.’” United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). ’ ” - Justice Scalia also stated, that “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside.”

This means that the People’s Grand Jury belongs to the people, as a means of keeping government in check. According to Justice Scalia, it “‘is a constitutional fixture in its own right.’” - “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside.”

The People’s Grand Jury is again, the people’s last legal line of defense against an abusive government, providing a peaceful legal remedy and a place for the people to assemble peaceably and petition for redress of grievances.

Monroe County Tennessee

On December 1, 2009, Ret. Lt. Commander Walter Fitzpatrick III sat before a Grand Jury screening panel of four men and presented evidence of obstruction within the Monroe County justice system—obstruction intended to prevent Commander Fitzpatrick from presenting evidence of the highest crime in our land, the crime of Treason and the accused is the sitting president of the United States.

Tennessee law allows any citizen to appear before the Grand Jury and present evidence of a crime. The Grand Jury has a fiduciary responsibility to review that evidence in good faith and determine whether or not sufficient evidence has been presented to justify further investigation and prosecution.

Other states like Wisconsin have what is called “John Doe Proceedings” in which the identity of the citizen is kept secret, like the identity of the Grand Jury members, especially when evidence of crimes by the government are being presented.

Jury Foremen Gary Pettway was accused of obstruction. Yet it was Pettway who “leaked” false information to Knoxville News WVLT, stating that the Monroe County Grand Jury would issue a finding on Monday December 7th. That never happened…

On December 3rd, the local paper, the Monroe County Advocate, published false information about the events of December 1st.—“Fitzpatrick is claiming President Obama is actually Barry Soetoro and was not born in the United States and is therefore serving illegally. - Fitzpatrick has made his case before the Monroe County grand jury before, but Tuesday was the first time that an indictment might have been returned. The grand jury indictments will be sealed until Dec. 7,”

Fitzpatrick was not allowed to present to the Grand Jury on that day. He was only allowed to present to a four person partial panel of the Jury, as Gary Pettway ushered the other Jury members out of the chamber before Fitzpatrick entered the room. They state that “indictments will be sealed until Dec. 7,” indicating that indictments will be handed down, even though Fitzpatrick was blocked from presenting evidence to the full Grand Jury.

On December 8, the day after the Jury was supposed to “unseal indictments,” the Monroe Advocate issued a second round of false claims“Despite a brief media frenzy, indictments sought against President Obama, a grand jury foreman and an assistant district attorney were not returned by the Monroe County grand jury.”— when in fact, the Jury had neither indicted, or notified Fitzpatrick that no indictment would be coming.

Where is the Monroe County Advocate getting its information? Gary Pettway perhaps?—As of this writing, the Monroe County Grand Jury has issued no formal public statement about the Treason charges still pending in Monroe County Tennessee.

The People’s Grand Jury

Whether they know it or not, the future of freedom and the 4th branch may rest with the Grand Jury of Monroe County Tennessee today. Thank God it doesn’t rest with the Monroe County Advocate, which can’t seem to get their facts right.

The people’s first amendment right to redress rests at the People’s Grand Jury. Because no court appointed jury has acted upon a mountain of evidence against Barack Hussein Obama, some citizens have taken to forming Citizen Grand Juries in a desperate attempt to find justice in America. Others have convened Continental Congress meetings, just like the original Continental Congress, in their desperate effort to take their nation back from tyrannical thugs.

But if the Monroe County Grand Jury finds the mountain of evidence against Obama sufficient to order further investigation, the people’s jury might just stop what could come if the people find that they have NO RIGHT of REDRESS anywhere in the US legal system…

I pray that some court or jury somewhere in the country finds a way to let the people’s evidence be heard, because I worry about what happens to my country in the coming days and weeks, if the people’s right of redress is limited to a full scale revolution.

Our right of redress must not be limited to violent revolt. More than 60% of American citizens oppose everything going on in Washington DC today. I pray that the courts have the capacity to remedy the situation, before angry citizens decide that there is no peaceful solution.

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JB Williams -- Bio and Archives | Comments

JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, writer and a business owner.

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