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WILL THE CITIZENS SPEAK OUT?

by Sharon Rondeau

Prior to 1946, grand juries conducted their own inquiries and called their own witnesses, including against public officials

(Jul. 13, 2013) — On Thursday, Rep. Tom Marino (PA-10) told radio host David Madeira that he and some fellow congressional colleagues plan to explore legal options by which those in the Executive Branch who violate the Constitution and federal laws can be criminally charged and brought to account for their actions.

Madeira began the interview by mentioning the Obama regime’s July 2 selective postponement of the employer mandate in the Patient Protection and Affordable Care Act and subsequent announcement on July 6 to employ the “honor system” with applicants for the state insurance exchanges.

While TIME Magazine and other media outlets did not raise the issue of whether or not the regime is breaking its own law by arbitrarily announcing a delay in a part of its implementation, Marino and others have.

Marino is a former prosecutor and told Madeira that the term “president” in relation to Obama was “used loosely.”

On July 10, 2013, congressional Republicans introduced H. Con. Res. 45, which was then referred to several House committees.  The resolution states, in part:

Whereas the principle of separation of powers is a constitutional safeguard of liberty as asserted by James Madison in Federalist No. 47 in which he stated, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny”; and…

(1) President Barack Obama has violated section 3 of article II of the Constitution by refusing to enforce the employer mandate provisions of the Patient Protection and Affordable Care Act;…

The resolution then states in (5) that the law “be repealed by Congress immediately.”

Of the delay in the employer mandate, The Washington Post reported:

The decision by Obama, who was on Air Force One returning from Africa on Tuesday when the announcement was made, to delay a controversial part of the law underscores his willingness to use the power of the executive branch to help to protect the legislation’s image at a defining moment.

The Washington Times reported Obama’s edict as “unilateral action” but also failed to raise issues of its constitutionality.

An editorial writer at Forbes described the lack of verification of applicants as “encouraging tens of billions of dollars of waste, fraud, and abuse in order to achieve a political objective.”

“We have to stop him…stop him dead in his tracks,” Marino said of Obama.  Democrat Sen. Tom Harkin has reportedly joined Marino in objecting to Obama’s arbitrary “changing” of the law.  “We have to take steps to bring this issue to the forefront…even if it means going to the court,” Marino said.  He said that he is in the process of approaching various members of the last two congresses with former judicial and prosecutorial experience on the issue.

Marino then said that “a special committee” needs to be appointed to investigate possible crimes committed by members of the Obama regime.  He said he is looking for a “specific statute” which will allow Congress to “kick into gear, pursue this, and see if there are criminal charges which should be filed.”

“There has to be a mechanism to take down those who think they are above the law,” Marino told Madeira.  He said that “the American people are depending upon us” to pursue what he sees as criminal activity on the part of the federal government.  He said that members of the executive branch “take the same oath” as elected members of Congress to “protect and defend the Constitution.”

“It’s about the rule of law,” Madeira responded, as opposed to a political issue.  Marino said that courts must uphold the law in every case.

Marino said that he has been working on assembling congressmen to discuss their options “for several months.”  Madeira encouraged Marino to “Go get ’em,” to which Marino said that he will assume the responsibility “with every fiber of my body.”

Neither Marino nor Madeira mentioned Fifth Amendment grand juries, which at one time investigated evidence of corruption among government officials without a prosecutor, attorney or judge present.

In 1989, the “ambushed grand jury” found evidence of corruption on the part of the U.S. Department of Energy (DOE) in the case of the Rocky Flats Nuclear Weapons Facility.  The grand jury found that “The Department of Energy (“DOE”), it contractors — Rockwell International, Inc, (“Rockwell”), EG&G, Inc. (“EG&G”), and many of their respective employees have engaged in an on-going criminal enterprise at the Rocky Flats Plant (“the Plant”), which has violated Federal environmental laws. This criminal enterprise continues to operate today at the Rocky Flats Plant, and it promises to continue operating into the future unless our Government, it’s contractors, and their respective employees are made subject to the law.” [typographical errors left intact]

The grand jurors accused the Justice Department of a cover-up in regard to the violation of environmental laws, placing members of the public at risk, about which an FBI agent stated he had been asked to lie.  “Some dangerous decisions are now being made as a result of that government cover-up,” wrote the agent.

In 1997, four citizen investigators collected evidence which is included in the book.  A Citizens’ Grand Jury Petition asking Congress to prevent recreation areas from being created in Rocky Flats is available online.  The authors of the book wrote that “We caught the government red-handed” of covering up nuclear dangers and that the grand jurors were threatened with death if they were to continue her investigation.

An investigation was carried out by citizens after the grand jury members were threatened and recreation areas planned for the “radioactive fields” of Rocky Flats.  The area is now a wildlife refuge.

On June 26, a federal grand jury issued a 30-count indictment against Dzhokhar Tsarnaev for his role in the Boston Marathon bombings on April 15.  Whether or not the grand jury members or foreman called for witnesses and evidence other than that which was provided by the government is not known but is highly unlikely.

Grand juries have been under the control of government prosecutors since 1946, when Congress changed the Federal Rules of Criminal Procedure (FRCP), declaring presentments from citizens’ grand juries “obsolete.”  However, Congress was not able to change the Fifth Amendment, which cites the role of the grand jury, without the approval of two-thirds of its members and three-quarters of the state legislatures.

Walter Francis Fitzpatrick, III has been trying for more than four years to appear before a federal grand jury to provide evidence that Barack Hussein Obama is a “foreign born domestic enemy” and guilty of treason.  More recently, Fitzpatrick petitioned Judge Thomas Varlan to allow him to appear before a sitting federal grand jury to testify about the false statements made by an FBI agent in 2010 which knowingly caused an innocent man to be sentenced to four years in federal prison, where he remains today.

Since last fall, citizens’ grand juries have been organized and convened by Atty. Larry Klayman, who has contacted Florida’s governor about the jury’s presentment citing prosecutor Angela Corey for allegedly having “omitted material exculpatory facts” relating to defendant George Zimmerman.

On Saturday, The Post & Email was able to leave a message with Rep. Marino’s Washington, DC office to suggest that members of Congress convene a Fifth Amendment special grand jury to examine alleged law-breaking by Obama and others, including the person who created the fraudulent birth certificate posted on the White House website for more than two years.

In our message, we referenced U.S. Supreme Court Associate Justice Antonin Scalia’s terming of the grand jury as a “a constitutional fixture in its own right.”

Marino does not accept email from anyone outside of his district, but his staff can be reached by phone in one of four offices.

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  1. If you really want to know a little more about barry soetoro who is hiding all his records from the public, then watch the following video…
    http://www.youtube.com/watch_popup?v=UjXA1iEVfM0&feature=plcp Shame on you who voted this guy in without knowing who he is; shame on you politicians who are supporting him and keeping him there; shame on our judiciary, shame on our military leadership for not taking this terrorists-saboteur guy out; shame on everyone who swore an oath to serve and protect, while you are not. With another Ronald Reagan we would have been a vibrant nation by now, with no debt and be oil and gas independent as well as being a strong Christian nation without fear of our government, but instead we have a nation near ruin under the leadership of a great pretender guy we know nothing about who is introducing muslim sharia law as fast as he can and turning our once great America into a third world nation; shame on all of us. We have become the laughing-stock of the world because of our arrogant stupidity.

  2. Obama must go to bed laughing at the Abbot and Costello actions of Republicans in D.C.

    A complaint here, a complaint there.

    All the while the Jewel in the Crown goes untouched: Ineligibility.

    The master of confusion is truly a maven at it.

  3. This is a bit heavy on “could…, should…, might…, plan to…, need to…” And pretty light on “We Did; We Held; We carried out; We Will…”
    Sounds like Lt. Zullo.

    On another point, IRT Grand Juries…for inquiring minds and those not already familiar with these terms:

    (from lawschool.westlaw.com/terms and definitions)

    An Indictment- is a formal accusation of a crime made by a grand jury at the request of a prosecuting attorney.

    A Presentment- is a written accusation made by the grand jury without the consent or participation of a prosecutor.

    More to the point, A Grand Jury Presentment can be aired publicly while an Indictment requires the blessing of a prosecutor (thanks to the 1946 revision) to be aired. No blessing, no airing.

  4. We are all waiting to see any sign of “Discovery” at any part of this corrupted “legal” system. I think Hillary put the fear in the hearts of the Judicial with the Carter/Taitz case in California especially now that we know that Perkins Coie DNC Law Firm had a plant in Carter’s office to make sure that trial blew out carefully and quietly and we have seen nothing but obfuscation and misprision of felony in any attempt to bring any Criminal Presentments to Discovery at any level by the Judicial completely ignoring all attempts and they have followed Hillary’s illegal order for a “no standing rule” to be placed on all such cases. We haven’t seen any Judges braking any legs running to grab the Discovery Stamp and slam it down on and Criminal Presentments for anything against this faux POTUS and money grab DNC Team of criminals so far.