I have received letters from the people who ran the citizens grand jury in Georgia, and while I appreciate their frustration in that our Government has failed to protect the Constitution by allowing a President to be sworn in who is not a “natural born citizen”, I do not agree that this citizens grand jury has any legal authority whatsoever to demand the removal of a sitting President or to even force the review of his qualifications.
The separation of powers in the Constitution has delegated that power to Congress who in turn enacted the District of Columbia Code provision for Quo Warranto. Sections 16-3501, 16-3502, and 16-3503 are the only Constitutional means available to see the President removed or to even have him face an inquiry as to his eligibility. (See parts 1, 2 and 3 of my legal brief on quo warranto.)
Furthermore, there is very disturbing language (thanks to Phil at The Right Side of Life for highlighting this today) used by this citizens grand jury which discusses the taking of property and suggests other violent means by which they intend to enforce their presentments. This language is frightening and totally illegal:
“The grand jury may distrain and oppress the government in every way in their power, namely, by taking the homes, lands, possessions, and any way else they can until amends shall have been made according to the sole judgment of the grand jury.”
That’s criminal insanity right there. Have people lost their minds?
Let it be known that I condemn any such activity as described above.
You can’t protect the Constitution by destroying it. Just because somebody may have become President who isn’t eligible does not give any citizen the right to take the law into their own hands and to form lynch mobs and confiscate property. There is a Constitutional way to challenge the President, but this citizens grand jury manifesto is not it.
We the people are getting beat up by criminal political actions which subvert the Constitution. If we are to fight back, we must do so within the boundaries of the Constitution. This is because Constitutional criminals are more than happy to see citizens violating the Constitution. They can enforce your crimes with law enforcement. They can even put you on trial for issuing such language as that cited above.
But you can’t do the same to them.
You will be squashed like a bug. Therefore you need to be smarter and more Constitutionally creative than they are. Find the path within the Document or the USA is no more. A true enemy of the Constitution will claim victory if the only way you can stop their crimes is by doing more damage to the Constitution. Either way, the Constitution is destroyed. Try to see that for God’s sake.
Since the people who have brought this citizens grand jury have written to me and told me personally that my writing on the power of the citizens as grand jurors was their inspiration, I feel the need to disassociate myself from them and their objectives.
When I wrote of the subverted power of the Grand Jury as to bringing “presentments” in my articles;
…I was not doing so in regard to the POTUS eligibility issue. In fact, the first article above was written by me back in 2005 and published at my previous blog. This article had NOTHING to do with Obama’s eligibility.
We are governed by our Constitution, not common law.
My grand jury 5th amendment “power of presentment” articles were meant to educate people as to their power ONCE SWORN IN AS A FEDERAL GRAND JUROR in a federal court.
The articles weren’t meant to encourage citizens to form their own grand juries and prosecute at will. There is no such guarantee in the Constitution. And I am a true believer in the Constitution. Are you?
The Constitution provides in the 5th Amendment that a grand jury can return a “presentment” without the acquiescence of a Federal Prosecutor. I have encouraged people who are sworn in on Federal Grand Juries to use this power to investigate Government crimes even when the Prosecutor has not led them to such crimes. This is the power I was speaking of, and I first wrote about it in 2005 with regard to Constitutional crimes of the Bush administration.
Imagine 25 grand jurors who really know their power sitting in a DC court room… The Government can’t indict without a grand jury so they must have a grand jury empanelled at all times. If the citizens of this nation understood their true power, then once sworn in as grand jurors they could investigate ANY crime that was undertaken by Government.
THIS IS THE POWER I SPEAK OF.
Learn about it, spread it, use it or lose it. It’s a real power.
This citizens grand jury thing is not real. It’s a dog and pony show and a certain distraction from the true education and true power available which will surely confuse the issue and make it easier for the Government to further subvert the true power we the people hold as grand jurors.
When I first read about the Georgia citizens grand jury I thought, “Well, the relief they seek is not Constitutional and since they read my blog they must know that quo warranto is the only Constitutional way to remove the President…so this will simply be an educational PR stunt to foster discussion of the eligibility issue.”
But I can’t agree with that anymore.
The language they’ve published about taking people’s property and “other” enforcement options is complete and utter criminal bullshit.
Any activity which subverts the Constitution is criminal to me. I don’t care if it’s ineligible Presidential candidates or citizens who are frustrated thereby.
If this citizens grand jury is citing my writing as inspiration, then they’ve clearly misunderstood my writing.
Leo C. Donofrio
April 2, 2009
[Feel free to leave comments on this article. But please understand that I am very busy right now and cannot promise I will have the time to moderate and post comments.]