Problem: Make no mistake that the root of our problem, and our cause for reform is: Systemic failures and color of law patterns and practices in CPS and family law, motivated by perverse financial/other incentives and motivations to traffic children, maintain conflict, prolong litigation, or otherwise criminally deprive rights.
Solutuon: Investigation and prosecution of government criminality by grand juries.
- There are two kinds of grand juries: Status quo, and common law. Both are viable options.
- It is a conflict of interest for government officials, having largely presumed disgretion and immunity, to investigate or prosecute other government officials for any form of government criminality.
- The Constitution gives power to grand juries to address this conflict, and allows them to act as the People's checks and balances for government criminality.
- Grand juries are composed of citizens just like standard (petite) juries are. However, as opposed to petite juries, their role is to investigate and commence prosecution for criminal activity. They are essentially to a prosecutor what a petite jury is to a judge.
- Federal Rules of Criminal Procedure, TITLE III. THE GRAND JURY, THE INDICTMENT, AND THE INFORMATION, Rule 6: "(a) Summoning a Grand Jury. (1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned. A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement."
- The Declaration of Independence is ratified precident, and sound legal advice. It provides that 56 signing individuals may represent and assert public interest without any bar certification, in a manner that is not subject to judicial review, particularly when the Declarants claim public interest against a long train of government abuse and refusals to assent to laws. It is, however, subject to review in the jurisdiction of the People, which is vested in juries, whether petite or grand.
- Once we have 56 Declarants who sign a declaration asserting that the Public interest requires grand juries to be summoned to investigate and prosecute CPS and family law criminality, a judge must so summon without question, and only the grand jury may make a finding against the asserted public interest.
- Judicial interference would be an abuse of jurisdiction, an unlawful usurpation of political power, and a constitutional violation that would amount to an impeachable offense.
- "Vox pupuli vox dia", or "the voice of the People is the voice of god" is a widely upheld legal tenant.
- If grand juries are properly summoned to investigate CPS and family law criminality, real people, without conflict, will begin investigating and indicting CPS and family law criminality.
- If grand juries are unblocked, and begin investigating and indicting CPS and family law criminality, the perverse motivations will be stifled by the threat of prosecution. Thus uprooting the problem, thus establishing meaningful reform.
- When you know of government criminality that goes unchecked, how much tolerance do you feel for it? Does it seem to go against all the tenants of natural human liberties, and the right to equal treatment under the law? Does it make you wish you could write your own laws to fix the problem? What new laws would make sense if you already have such rights, and the very problem at issue is government refusal to asent to the law?
- Are you a person? If so, you are a member of the People. You don't have to wish for someone else to write or remove laws before you can lobby for them. All political power is inherent to the people for their equal protection and benefit. The People are the most powerful branch of government. You can, for example, write a law, and get people to vote on the law. It's called a citizen's initiative. If the People vote for your law, Lawmakers, your representatives, are guilty of high crimes if they defy the law and the voice of the People. Vox pupuli vox dia.
- So what law should come forward to unblock grand juries? It should be one that's significant. One hat works more like a medical clinic than a bandaid. It should support and be supported by the constitution. It should be a simple, clear expression of common sense. So common that it virtually already exists in the hearts and minds of People. So common in fact, that it pretty much is an existing law, and just isn't being used. A law so common that doesn't even require an initiative.
- The law that should come forward is common law. Law made common by deeply rooted constitutional foundations and existing by ratification and precedent. Law that simply needs to be picked up and used.
- Common law grand juries are a constitutional prerogative of the People. "a constitutional fixture in its own right" (see citation below.) No other branch of government can properly pick them up and use them for us.
- This is pretty much how it has to be done. We can't just beg a gang of thugs to stop terrifying our neighborhood. We can't just take a few of the thugs to their leaders and petition for relief. We have to band the neighborhood together. We have to keep watch, and demand that enforcement authorities do their jobs. We can't accept any other offer. As legally and tactfully as possible, we can give good government every opportunity to do the right thing, and if they don't, we can impose good government on them without a violent revolution. Perhaps that's why the founders of our country gave us the power of grand juries. So we can have safer, smaller revolutions when things get as out of hand as they are.
PLAN FOR CLASS ACTION PETITIONING OF GRAND JURIES
- The term "class action" is being used losely, as this will not necessarily involve, at least initially, civil court litigation. This is optionally free in that any legal advise or representation is up to the class, at the prerogative of class members individually, or within particular jurisdictions/divisions. You may seek independent legal advise, or join with with other class members in seeking group advise. Consider that this is a criminal action, and presenting probable cause on criminality to a grand jury is similar to making a criminal complaint to law enforcement or prosecutors.
- Regardless of whether you prefer to pursue a status quo or common law grand jury, a summoned grand jury will need to be presented with criminal probable cause or reasonable suspicionto proceed. You may present your cause to investigate/prosecute however you like. You may wish to use and perhaps modify this PRESENTMENT OF PROBABLE CAUSE TO GRAND JURY which is an unprecedented template, and not qualified legal advise, as the sources of legal advise used to create it will not be disclosed to protect the corruptly controlled bar certifications of those who provided it. This means you must consider Matthew J. Falkner as the only source of it. Matthew is not an attorney, claims no such such capacity, and gives no warranty express or implied.
- For status quo grand jury demands, we're removing government disgretion to interpret public interest by demanding jointly with 56 or more class members per jurisdiction. Citing precedent in the Declaration of Independence as mentioned above. On a general level, anyone may sign the simple petition here. Which is simply a vote of public interest.
- Class action demands by state/county for status quo grand juries. Depending on state law, this may be to a grand jury panel, a court, a prosecutor, or if necessary, as a citizen's initiative. Statutes may require individual presentments, but they can be presented individually as being joined in a class effort. Presentments should apply to state defined crimes.
- Federal Presentments. The process for presenting to a federal grand jury is more simple. We simply bring our presentments to a U.S. attorney, With a request to submit to a grand jury. A U.S. attorney is required by law to take all such requests to the grand jury. The request need not be brought to the U.S. attorney by a government entity. Presentments should apply to federal crimes.
- Common Law Grand Juries: Institute common law grand juries on the precedented, constitutional, and exclusive authority of the People. (More to come)
Other Info:
US DOJ Calls for Reports of Outrageous Custody Outcomes - Public interest required the Department of Justice to call for claims of outrageous custody outcomes. It would logically follow that the same public interest required an impartial grand jury to investigate. Such a situation is precisely what the Constitution and rule 6 of the Federal Rules of Criminal Procedure assign to them. It's the only authority that can investigate without conflicting interests.
Grand Juries Corruptly Obstructed - Example of what's currently not working. Recording of U.S. Attorney's Office Secretary Obstructing Justice on Report of Grand Jury Panel Official Misconduct.
