Stupid Birther Tricks

[patgund]

A while back, Washington State attorney Stephen Pidgeon, who did the failed Broe v Reed "birther" lawsuit and who has since claimed he's being stalked by Department of Homeland Security, continued his descent into madness with his idea of a "National Grand Jury" to file a supposed indictment on President Obama.

Basically this was the birther's attempt to get some sort of "legal" action going since all their cases have gone nowhere. Rooted firmly in the Pseudolaw that the birthers and their teabagging tax cheat allies are so fond of, the belief was that a "citizens" court could force some sort of official reaction.

Realistically speaking, it was more like getting the National Baseball Association to change their season based on the demands of a couple fantasy baseball leagues. Because the main problems with this entire idea is:

1) There is no legal validity to anything they do or say. In fact, it's a bit dangerous for exactly that reason. Say this fantasy grand jury meets, decides someone is guilty.

Then they realize they have NO authority. The courts don't recognize them. Law Enforcement doesn't recognize them. They have no legal authority or recourse at all. What happens then?

Historically speaking, this type of behaviour leads to Kangaroo Courts, Lynch Mobs, and other forms of vigilantism and extrajudicial punishment.

2) From their start, they had an inherent bias in favour of the birthers claims. Look at this example from Stephen Pidgeon's website: (Bold face mine)

Requirements to Become a Grand Juror

National Grand Juror candidates must meet all of the following qualifications:

*Be a natural born citizen of the United States (born in one of the fifty states of the United States to parents both of whom were U.S Citizens and resident in the United States at that time).
*Be at least 18 years old.
*Be a resident of the state that the Juror represents for at least one year immediately prior to selection.
*Exhibit intelligence, sound judgment, and good character.
*Cannot have been convicted of malfeasance in office, any felony or other high crime.
*Cannot be serving as a public official.

Compare this to this example from Napa County in California:

Grand jurors must meet the following legal qualifications:

*At least 18 years old
*Citizen of the United States
*Resident of Napa County for one year prior to next July
*In possession of natural faculties, of ordinary intelligence, of sound judgment, and of fair character
*Possess sufficient knowledge of the English language
*Not currently serving as a trial juror
*Not discharged as a grand juror within one year prior to next July
*Never convicted of malfeasance in office or any felony or other high crime
*Not currently serving as an elected public officer

Already they've established a level of citizenship higher than what real Grand Juries call for. And what does the handbook for Federal Grand Juries say??

"SELECTION OF GRAND JURORS

Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes. Thus, all citizens have an equal opportunity and obligation to serve.
Pursuant to law, the names of prospective grand jurors are drawn at random from lists of registered voters or lists of actual voters, or other sources when necessary, under procedures designed to ensure that all groups in the community will have a fair chance to serve. Those persons whose names have been drawn and who are not exempt or excused from service are summoned to appear for duty as grand jurors. When these persons appear before the court, the presiding judge may consider any further requests to be excused. The judge will then direct the selection of 23 qualified persons to become the members of the grand jury."

So the "jury pool" is limited to people who buy into the birther claims on "natural born citizenship". (It's interesting to note Dr. Orly herself couldn't serve on one of these due to her being a naturalized citizen)

And this leads to:

3) Bias. The "jury pool" is drawn from people who accept the birther claims on "natural born citizenship" and already believe the birthers claims and fables. It's certainly not drawn from the community, and the people going in already have a high degree of certainly in the supposed "guilt" of President Obama. Again, from the Federal Grand Jury handbook:

"The oath taken by the grand jurors binds them to inquire diligently and objectively into all federal crimes committed within the district of which they have or may obtain evidence and to conduct such inquiry without malice, fear, hatred, or other emotion."

Whereas it's pretty certain that the people going in for this "National Grand Jury" are doing it OUT of malice, fear, and hatred.

So why do I bring this up?? Because it seems the first of these fantasy "grand juries" met over the weekend in Georgia. And much to nobody's surprise, filed an "Indictment" against President Obama.

"At approx. 4:15 p.m. March 28th in the city of Stockbridge Ga. the people of Georgia returned an Indictment against Barack Hussein Obama!!!!!! 25 Jurists, duly sworn in, heard tesitmony and in a unanimous vote, Indicted the usurper"

Of course, Dr. Orly is pimping this.

"The first Common Law, Citizens Grand Jury will convene today, March 28, 2009, at 1:00pm EST at 165 Burke St Stockbridge, Ga

Details at http://www.riseupforamerica.com/

Dr. Orly Taitz, Esq will be on phone conference for the trial.

We are attempting to hook this up on Skype Conference http://www.skype.com

If that doesn't work, we have some with camcorders and Patrick Gibson said he will get it produce for later viewing.

More about Citizen Grand Juries: http://defendourfreedoms.org/activism.html"

Notice the time. They met at 1pm. They decided at 4:15pm. I'll assume that part of that 3 hours and 15 minutes was troubleshooting Skype. Real Grand Juries can take days or weeks to render a decision.

Not hours. Right away this screams kangaroo court. Dr. Orly says there will be another one in Texas, to which her Cavity Creeps are saying things like:

"3/28/2009 3:57 PM Patti McElligott wrote:
Please let me know when and where in Texas too. My husband and I are small business owners and Obama and his gang have cost us. We would like to see "Change" and could only HOPE it could be Judge Roy Bean's courthouse and sentence."

Judge Roy Bean, the infamous "Law West of the Pecos", was known for using his saloon as a courtroom, (and shooting up a Jewish competitor's saloon early on), burning lawbooks he didn't agree with, using his saloon patrons as jurors, (and expecting them to buy a drink), releasing a person who killed a Chinese person by saying ""homicide was the killing of a human being; however, he could find no law against killing a Chinamen"

"3/28/2009 3:49 PM RobK wrote:
Citizens can when the sitting President is a Usurper. He was not vetted and has not been determined to be a Natural Born Citizen, so he will now be removed. By the way, a nice "Legal" gift will be awaiting Obama upon his return from overseas. It isn't related to this case, but another."

My how cryptic.

"3/28/2009 3:44 PM Virginialee wrote:
Praise the Lord!!

What is next? Who and when will the papers be served to Obama?

How can this be enforced? Who might enforce it? Will it have to be the law enforcement officers(would they?). Might it be the military? I just want this enforced!!

I am praying!!!

That's a good question. How does this fantasy grand jury, with no legal powers to speak of, get their "Indictment" enforced?

Answer - they can't.

"3/28/2009 4:38 PM 8by8 wrote:
Obama always knew he would only be Pres for a few months. That is all he needs. He wants riots. He wants civil wars. He wants chaos. He wants to destroy USA. He wants and end of the Constitution. He must be laughing now. He will call for a civil war. Watch out. Everyone must behave and do this legally. No riots. do not play into his prepared hand. Make him go quietly.

He will go into hiding and continue to organize to over throw the government. Jail is probably the best bet. Freedom for him could be dangerous long term. Can a traitor get a death penalty. This is going to be difficult.

So glad to see the crook thrown out. Nice going. I have been on to him for more than a year. I was on very early. Hard to believe no one would pay attention to me way back when. Now everyone is finding out. FINALLY.

How long will it take for a trial. Hope it goes fast.

Grand Jury. What an AWESOME Constitution we have. Let's keep the constitution."

Here's a great example of the "my mind is made up, hang him" mentality shown here. They believe that this fantasy "Indictment" equals a legal ruling and conviction. When not even a real grand jury's decision would equal such.

"3/28/2009 4:55 PM George Gonzalez wrote:
What does the Grand Jury do with the indictment? Do they go to the Attorney General?"

For all the legal validity this has, you could send it to Frosty the Snowman. It would mean just as much.

"The Right Side of Life" is also cheerleading this. Some comments rightly point out that there's no substance or validity to these actions. Others, well....

"Col. Joe Habersham says:
March 28, 2009 at 5:02 pm
Dear Phil -

Mr. Obama is about to Admit his ineligibility to the Office of President of the United States of America. Once such Admission occurs, will you report it? I guess, then, the Capitol Police will arrest him, for it is fairly obvious that if truly ineligible, his authority is not one which is derived under Law, but by usurpation.

With appreciation,

Joe"

Oh really?? Is this what your corn flakes told you?? Or was it your toothpaste??

"Lawyer from Missouri says:
March 28, 2009 at 2:57 pm
No wonder Obama and his supporters are scared. The American people are taking back their country by the RULE OF LAW."

First off, most of the birthers wouldn't know the "rule of law" if it jumped up and bit their backside.

Second off, I suspect that neither President Obama or his supporters are doing anything more than rolling their eyes or laughing at the birthers.

There's also support for the so-called "common law grand jury", which it is claimed get their power from Articles 52 and 61 of the Magna Carta and article 1 of the "Confirmatio Cartarum" of 1297. Which sounds to me like these "patriots" are trying to do an end-run around US Law and the US Constitution in order to support their claims. (Pseudolaw again)

Ultimately, this "National Grand Jury" thing is sound and fury, meaning nothing. The concern comes from the encouragement that these actions will give to someone inclined towards violence or attempted destabilization of the government.

Ironically though, the worse damage done by these people is to the US Constitution. In their battle cries to supposedly "protect" it, they're ignoring everything the US Constitution - and the body of law established on it - stands for. The fact that the National Grand Jury and the "Common Law Grand Jury" it's akin to, have to cite the Magna Carta - along with de Vattel and the like - shows a disregard and lack of concern for what the US Constitution - and this nation - stands for.

Comments

[matrygg.livejournal.com]

Magna Carta is US Law, at least as I understand it. It's the reason we have Habeas Corpus without it expressly stated, and the Federalist makes it clear that the founders intended it that way. Now, as to whether or not their interpretation of Magna Carta applies, I won't speak. I have a sneaking suspicsion it is pretty tortured in ways the founders would find laughable.

[jeran.livejournal.com]

US Constitution Article I section 9 paragraph 2 (http://www.law.cornell.edu/constitution/constitution.articlei.html#section9) specifically mentions habeas corpus when saying it may not be suspended except in cases of rebellion or invasion. So it is expressly stated, if not defined, and there's no need to resort to the Magna Carta to find it in US law.