If you're new here, you may want to subscribe to my free Email alerts. Thanks for visiting!
“WE THE PEOPLE” WERE INTENDED TO BE THE FOURTH BRANCH OF GOVERNMENT
by Sharon Rondeau
(Nov. 11, 2010) — The Post & Email’s previous coverage of a case in Michigan wherein a citizen of that state tried to obtain a grand jury hearing on a grievance regarding a criminal record that had been expunged revealed that Michigan has not convened a county grand jury “in over a decade.” Mr. David Schied, the petitioner, has stated that “Battling government corruption has become my new life’s work.”
Grand juries are guaranteed by the Fifth Amendment to the U.S. Constitution, which states:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
In response to our earlier article on the “Investigative Statute,” which has replaced grand juries in Michigan, one resident of that state wrote:
There is not one misstatement in this article. I tried to get a grand jury seated in the county-wide election fraud in 1994. Election fraud, with black and white evidence is so scary that murders are committed. In my case, I was so squeaky clean so they went after my family. End of story. BTW, the exact same election problems occurred in Florida in the Bush election. I figured my findings which got national attention was used as the guide to throw the election. Both parties had the audacity to contact me and ask if I would be a challenger during the recount. They wanted my expertise even with all the attorneys all over the place. I know how its done, and the same fraud continues today.
Another citizen commented:
It amounts to foreign agents of the United States of America, BAR ATTORNEY’S have stolen our judicial system away from the people and made them self’s above the law. They have all taken a oath foreign to the constitutioon
What most people do not understand, they do not have to consent to such a form of government
Your unalienable rights are not subject to a vote. The rights are still there, the people just got dumb as a public school could make them.
Can the people “take back” the power they once had by forming grand juries as they once did, without government oversight or control?
The Post & Email asked Mr. Schied further questions about his grievance, how he tried to take legal action, and his discoveries about the judicial system in his state.
How did you first discover that there was no grand jury in Washtenaw County, where you resided?
I first discovered it in Washtenaw County where Ann Arbor is situated and when I tried going to the County Defender’s office. The county defender was referred to me by the head of the Board of Commissioner’s Citizen’s Oversight Committee to the county sheriff’s department when he, along with a few others on his oversight board looked at my complaint about the County Sheriff taking out half of my evidence before taking my crime report to the county prosecutor’s office (and while realizing that the same county prosecutor that denied my crime report in 2006 was still citing irrelevant reasons for “finding no evidence of a crime”). Though the county’s public defender decided not to do anything to help me, one of his secretaries told me that there had not been a county grand jury in over 10 years when I inquired, and while commenting that I had been screaming for a grand jury for years to prosecutor and the courts while only being denied. (Washtenaw County is where school distict officials have been criminally disseminating an erroneous “nonpublic” 2003 FBI report from their public personnel files since 2003 under the Freedom of Information Act.)
Between this time and the second occurrence in Wayne County (below), I did my own research of Michigan laws at the website for the legislature and found Michigan’s “investigative subpoena” statute.
Alternatively, there is a second county where another school district is disseminating a Texas court Order that I received as proof of my exercising my federal right to “challenge and correct” the erroneous FBI reports that were being disseminated to these two school distircts between 2003 and 2004. In 2009 when I pursued criminal charges and, like in the other county, ended up getting nowhere with the Sheriff or prosecutor, I went to the Board of Commissioners that pays their salaries, only to be referred back again to the “media relations” department of the prosecutor’s office. In response to my commenting again that I have been having trouble getting access to a grand jury, and that I was shocked to find that when the crimes being complained about include the prosecutor when the prosecutor is the “gatekeeper” to getting to a grand jury, this assistant prosecutor for Wayne County informed me that there had not been grand juries held in Michigan for well over a decade. She agreed that the investigative subpoena statute made grand juries of citizens obsolete.
NOTE: As a sidebar interest regarding the Board of Commissioners in Washtenaw County, I had sent a package of documents about three-inches thick to every Commissioner of the Board in mid-2009 and a month later made an appearance at their board meeting in follow up because I had not received a response to any of them. The meeting was videotaped and a month later I went to the website to find that not only did this board “silence” my audio when I spoke to the board while accusing their Sheriff’s Department and Prosecutor’s office of committing felony crimes of corruption in cover up of ongoing crimes against me, their Meeting Minutes reported for “none” for “Citizen Participation” and “none” for “Response to Citizen Participation” despite that the video for that date shows (withoout sound whenever I opened my mouth) that I spoke at the beginning of that meeting when they called for “citizen participation”. You can view the whole thing at the county website.
Note: Mr. Schied appears at about the 18-minute mark in the video. He describes himself as “the guy sitting patiently in the audience in the red shirt and glasses, waiting for the meeting to start.”
When did you first inquire about a Wayne County grand jury?
In the fall of 2009, I approached the Wayne County Board of Commissioners with a request for assistance in delivering my crime report to a federal grand jury. However, for a second time, Wayne County confirmed that there had not been a grand jury convened in over a decade.
Actually, though not technically referring to a “county grand jury,” my quest for a grand jury in Wayne County began at the federal level with a case that was dismissed in the U.S. District Court for the Eastern District of Michigan, Southern Division, which resides in Detroit (Wayne County). These courts do have grand juries, as opposed to the state which does not convene grand juries. That occurred in 2008, and it was the response that I got from the Sixth Circuit Court of Appeals in Cincinnati, OH where I took my attorney’s “civil rights” case myself when it was dismissed at the district court level. That response prompted me to file an entirely new complaint again in Detroit at the district court level against not only the Sixth Circuit Court judges but also against the former and then current U.S. attorneys, agents of the FBI, and numerous others listed as employed at the U.S. Department of Justice in Washington, DC and Virginia. That case “demanded” a grand jury and was subsequently dismissed “with prejudice” to prevent me from refiling it as a civil case.
Prior to this judge dismissing my case, he “struck” all of my evidence from the record and ordered me to rewrite my complaint because it was too “voluminous” and “confusing,” or so the government defendants claimed. Subsequently, when I rewrote the complaint, I filed that “more definite statement” along with a “motion to read all pleadings and to honor constitutional rights and the Bill of Rights.” It was interesting that not only did this judge dismiss my rewritten complaint “for lack of evidence” (and despite the fact that I made reference to the original evidence filed with the complaint, and he again “struck” all those references in that rewritten complaint and referenced the same evidence); he also denied my motion to read all pleadings…and honor all constitutional rights…as “moot,” claiming that his court does all that anyway. (RIGHT!)
More recently, the judge who dismissed that complaint against federal government officials has overruled the decision of the jury in reopening a high-profile art fraud case being re-litigated at taxpayer expense here in Michigan. The litigants in that case say they have evidence that this judge has ties with the lawyer who lost that case the first time, a lawyer employed by the Mega-Art retailer of “Park West Galleries.”
When The Post & Email asked Mr. Schied if he knew of others who had asked for and been denied the right to a grand jury hearing, he said:
I know a number of people to whom similar injustices have occurred, i.e., they were denied proper “due process” and with the Michigan Attorney General not doing anything to protect the public by investigating reports of government corruption) and have been denied access to a grand jury, particularly at the state level because there is no grand jury since it has been replaced by the Investigative Subpoena statute.
I have reported to both judges and prosecutors that Government employers are criminally violating my rights while violating several State and Federal statutes by disseminating “nonpublic” government documents to the public under the Freedom of Information Act. Yet judges and prosecutors do nothing except to ignore the offenses and “cherry-pick” the laws to “find no evidence of a crime”. In the process of executing their government “function” of having to address my crime reports in writing, these government officials commit a second layer of felony offenses by the generation of “fraudulent official documents” that not only fail to address the primary issues of my crime reports, but also serves to provide something tangible that the previous (and any subsequent) government officials may rely upon in continuing to perpetuate and justify the original crimes against me.
These actions by judges and prosecutors violate both the “spirit” and the “letter” of the law. Additionally, these actions violate the respective “duties” and “Oaths” of these government officials. The actions constitute felony offenses of “gross negligence” and “malfeasance”. At the extreme application of the law, these actions subvert the intent of the legislators and rights to hold government officials equally accountable under the law, by “delaying the execution of the law” itself rather than to apply it properly against their “peer group” of other government officials. Under the law, these are “treasonous” offenses by definition of 18 U.S.C., Sections 2381 (treason) and 2382 (conspiracy to treason), and by definition of 18 U.S.C., Section 2384 (seditious conspiracy).
I have circumstantial evidence that the basis of these felony offenses is to cover-up widespread corruption at all levels of government operation relative to “fraud” by State governments against the United States government in the acquisition of law enforcement funding to obtain “nonpublic” government documents through the State Police, while refusing to fulfill the State’s obligation to “police” itself and to report back to Congress their own government iolations as an integral condition for federal law enforcement funding. Moreover, the widespread lack of adequate accountability and oversight of the government’s “policing itself” at all levels has been the primary contributor to this widespread corruption – particularly by law “enforcement”, lawyers, prosecutors, and judges, who all tend to present the illusion that “due process” is taking place when otherwise they are using “the color of law” to commit crimes against the People by denying “proper” due process – is done so for personal gain (of money and/or power) for themselves or for their “peer group” of other government officials.
Were you able to access a federal grand jury since no state grand juries exist?
On the federal level, as my letter to Judge Michael Warren depicts, under federal codes, the “Special Grand Jury” has the “duty” to inquire about crimes being reported within their jurisdiction; therefore, the refusal of federal judges and the U.S. attorney to provide me with access to the grand jury, or to report my crimes to the grand jury themselves, constitutes both “interference with grand jury proceedings,” which is a criminal charge under federal statutes, and “misprision of felony” and/or “obstruction of justice” even if, as my federal cases now set as precedence, “citizens have no civil or constitutional right to initiate criminal proceedings.” In my case, whether the grand jury is tainted or not is not the issue, since I, as a citizen, have no ability to inform the grand jury about my crimes to begin with.
One of the documents you sent to us states that “citizens cannot initiate a criminal proceeding” or something of that nature. What is your answer to that?
I have the the federal cases referencing my previous cases setting “precedence” in citing this as “case law” despite the fact that I can prove that those earlier court decisions are based upon fraud by the courts themselves in refusing to litigate the actual facts of my case.
Is there anything in common between your case and Tim Fasano’s?
Yes, obviously, lack of access to a grand jury would be the biggest thing.
Did you ever appeal to the Michigan Supreme Court?
Yes, I did. When I brought a separate case against the state in Lansing in 2007, I had named the governor and the attorney general as co-defendants along with a plethora of prosecutors, the state police, the Department of Education, and the Department of Civil Rights, along with each of their “kitchen sinks,” and that case was quickly denied by the “chief judge” of Ingham County just after he acknowledged (off the record) that he had been “lifelong friends” with one of the criminal co-defendants I has named as employed at the office of the attorney general.
The Ingham County case included a “motion for Writ of Mandamus” that the judge take “superintending control” over government officials and command them to simply do their jobs according to their oaths of office and by following the laws governing my rights to criminal protection. In addition, that filing requested either a grand jury or a “special master” (i.e., a special prosecutor) to be appointed to look at my evidence.
Subsequently, when I took that “pro se” case to the Michigan Court of Appeals along with my demand for a grand jury, they “sat” on it for over a year. Just for the heck of it, I decided to file another copy of my “motion to read all pleadings and honor all constitutional rights…” when filing a “Motion for Immediate Consideration since by early 2009 I had proof of additional government crimes being committed against me. While the Michigan Court of Appeals magnanimously granted my “Motion for Immediate Consideration,” they too denied the “Motion to read all pleadings and honor all constitutional rights.” Then they promptly dismissed my “appeal” and upheld the previous Ingham County judge’s ruling of dismissal of my claims against Michigan’s local, regional, and state government officials.
After that, I decided to take the case to the Michigan Supreme Court. By that time, however, I had been collaborating with people from around the country on how to write a “Quo Warranto/State Ex Rel” case against the state. Therefore, while filing my original case in a timely fashion with the clerk of the Supreme Court, I also fashioned it as an entirely new type of complaint, a “class action”-type of complaint on behalf (“ex rel”) of the “sovereign people of Michigan” against the “corporation of Michigan.” The “Quo Warranto” aspect of the complaint was to demand “under what authority” these government officials have to take action outside the bounds of the law, their “duties,” and their sworn “oaths” to both.
The precise wording of all my documents filed in that case, inclusive of memorandums explaining the meaning of “Quo Warranto” in common law, are all posted online here.
The initial response by the Michigan Supreme Court clerk ignored the obvious focus of my complaint, choosing to disregard my filing an entirely new “class action”-type of case, and treating my case as if filed “on appeal” from the Court of Appeals as that original “Ingham County” case. Also interestingly, because I had so many government defendants that had already all been served, at great expense to me, at the Circuit Court level and then at the Court of Appeals level, I decided to file this new case by serving only the attorney general personally with a copy of everything and while giving public notice (and notice to the attorney general) that I was electing “alternate service” to all the other government defendants by posting the entire set of documents on the internet.
Mr. Schied has filed his own “Quo Warranto” cases against the state of Michigan.
Mr. Schied wrote an 18-page letter to a Michigan judge regarding his inability to obtain any type of grand jury hearing, the first page of which appears below.
The text of the letter reads:
Hon. Michael Warren
Oakland County Circuit Court
1200 N. Telegraph Rd.
Pontiac, MI 48341-0404
Re: Trying to access a federal Grand Jury (with a reliable prosecutor)
Dear Judge Warren,
In your recent email (on 6/17/10) you asked the question immediately below to my great appreciation and gratitude. I am writing this letter as opposed to an email to ensure that I not lose my previous work in case of power outage as I pause periodically to research my files in answer to your following question:
“Dear David….With regard to federal grand juries, I am not sure what you mean by “neither State and Federal judges nor State and Federal prosecutors will give me access to a Grand Jury, regardless of how hard I’ve tried.” – what have you tried?”
Well, I’ll try to compile all of my efforts in summaries below divided between my efforts to request a Grand Jury criminal investigation from the following:
At this point Mr. Schied lists numerous examples of courts and judges to whom he had brought his complaint to no avail. He describes the judge’s response as follows:
A local “Constitution” judge in Oakland County, Michigan asked me what all I had done in effort to get a grand jury hearing and that let the floodgates go for me to draft a complete history of my efforts. I have attached that letter to this judge who was writing to me in a personal not an official capacity. He was promoting “Patriot Week” that he and his young daughter founded. His answer to my very laborious efforts to thoroughly answer his question was disappointing. He stated that he could not get involved because of his status as a judge. I told him that such status should be prompting him to do something about all this corruption by his peer group of other judges and prosecutors.
In your opinion, what is the biggest problem Michigan has in regard to upholding the constitutionally-guaranteed rights of its people?
The problem here in Michigan IS the judges.
I think that besides the ‘grand jury” being taken away from the people, the question should be asked, “what else can a free people do?” when confronted by these government criminals. The laws have all been thought out, deliberated upon, and written into the books. While the “grand jury” appears to be written OUT of the laws, Fitzpatrick – like me – relied upon his statutory right, if not his statutory obligation as a citizen, to conduct a citizen’s arrest rather than to turn a blind eye when “witnessing a crime” and finding that government officials abused their “discretion” in refusing to stop these government crimes from continuing. This issue is significant.
Prior to moving to Michigan, Mr. Schied had pursued an acting and stuntman career in Hollywood, obtaining not only movie parts, but also some private workout time alongside Chuck Norris (photo at left).
“I actually got into his movie by staying in the same hotel as him (and his film crew), and by going up to him directly and asking to work out with him. We started with his body guard also participating, but after awhile his bodyguard dropped out and it was about an hour and a half of just Chuck and me working out together. He liked my technique and my dedication and tanacity and so later got me into the fight scene when they nearly completed the rehearsal with the rest of his stunt players.
The shot is of me holding a focus mit while he takes his turn kicking. We alternated on various kicks he wanted to work on. He was then about 44 and I was about 23.”
Mr. Schied also was a stuntman in the movie Lone Wolf, McQuade (photo lower right), which was filmed in Texas before he obtained the governor’s full pardon in 1983 for his offense.
The photo at lower left is Mr. Schied with the late Patrick Swayze and Swayze’s his wife and mother. “Swayze was from Houston where I am from and his mother was good friends with my gymnastics coach who was at one time Patrick’s gymnastics coach too.”