If you're new here, you may want to subscribe to my free Email alerts. Thanks for visiting!
WILL THE CITIZENS SPEAK OUT?
by Sharon Rondeau
(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The resolution then states in (5) that the law “be repealed by Congress immediately.”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.
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.