I am assuming that I am correct that these “common law grand juries” are based on the flawed reasoning laid out at http://www.1215.org? If so, the “rules” these juries are going by are NOT preserving and protecting the Constitution. They are throwing it out in favor of the MAGNA CARTA and insisting that they, and only they, have the right to determine the law, the rules, etc. There seems to be no burden of proof on the accusers at all.

Welcome to my blog.

First, please see this post that started the whole citizen/common law/national grand jury concept. This will give you a reasonable overview of what the non-federal grand jury is intended to do.

Secondarily, I think you have been somewhat misinformed with respect to these citizen grand juries. The point is not to be the proverbial “judge, jury and executioner” of anyone (that would most assuredly be a blatant violation of the 5th Amendment!). Instead, these private gatherings of individuals are doing what the press and, really, anyone else with a vested interest in the 2008 presidential campaign should have been doing from the beginning: culling together and aggregating evidence, testimony and what not in order to create a presentment that is then submitted to the authorities for further analysis.

In other words, we now have numerous private gatherings of citizens who are petitioning local and State authorities to further investigate the eligibility of the President, much like any individual citizen would submit paperwork to their local FBI office or US Attorney’s office as a means for official follow-up. Certain individuals have said they’ve already been approached by the Secret Service regarding these matters and have been told they (the individuals) are well within their rights to pursue any lawful means to further the investigations.

-Phil

Open Letter to Leo Donofrio

Leo,

I am fully cognizant that we are on the same side and that our goal is the same; uphold the Constitution of the United States of America. In keeping with that please accept my comments in the spirit of brotherhood in which they are intended.

You made the statement, “I say there is no Justice outside of the Constitution and that if you sink to that level of thought the true enemies of the Constitution will have defeated you and it forevermore”. I agree wholeheartedly with the statement regarding relevance of Justice to the Constitution however, I strongly disagree with your reference to the Citizens Grand Jury. You go on to say: “But the people have not even come close to doing everything in their power to see that the Constitution is protected. The Constitutionally proper way to challenge POTUS eligibility is via the DC Code quo warranto statute”.

To this latter statement I reply:

While I appreciate your efforts you miss a MAJOR point. Those individuals such as the US Attorneys, Congressman, Officers of the Court etc. that have not taken timely action to ensure our Constitution is not being abused, ignored or dismantled are under oath to defend it. It is nothing short of a travesty that those with the power to investigate the Constitutional qualifications of Barak Hussein Obama to hold the office of President must be forced or even asked to do what they are required by their oath of office to do. I am sorry Leo, but what you are espousing as a reasonable course of action is by analogy like calling for 1 million letters to be sent to every single American Soldier demanding they uphold their oath of office to defend the Constitution. This is absurd! We do this without asking. Our leadership is under oath just as certainly as I am. Make no mistake, if I fail in my duty or my oath of office which is to the Constitution there are severe consequences that I will suffer.

So it is that I ask you. Should Congress, US Attorneys, Officers of the Court etc be held to a LOWER standard than each and every military member? Should we acquiesce to their dereliction or hold them
accountable? What are the consequences for them should they fail? My own Senator Mark Warner from Virginia has turned a blind eye to this and after 17 years in the service of my country absolutely turned his back on me. Should those like him who send our young troops off to die in defense of the Constitution be given a pass on their allegiance to the Constitution and our Country? Should the American People have to send “a million letters” to get a US Attorney to do what they are sworn to do? If indeed they are derelict in their duty or worse aiding and abetting treason at what point does the POWER vested in them return to the PEOPLE? How do we know when that point has been reached? If we remain uncertain if they are derelict or not because of their failure to investigate the questions surrounding Barak Obama and his refusal to be forthcoming must we remain uncertain forever? Should we have to wait until much damage is done to vote them out ? This again is absurd!! We are not asking them do die for our Country just see that our Constitution is being followed. Why have they not done so already and what does this tell us about their motivations and allegiance?

This discourse is not to say we should discontinue in our efforts to resolve this by every means possible using the methods you suggest to include writing letters in mass and calling them. This is to question by what reason you assert the people have not even come close to doing everything in our power via the Courts, pleading with Congress etc etc? The truth is we should NOT even be burdened by this!! So how is it that you claim we have not done nearly enough through the courts? This is not to say that the ultimate responsibility to uphold the Constitution does not rest with We the People, because it does.

I hope that our leaders wake up and listen! I have already warned them, while it has been my prayer that the defense of the Constitution should not come to the citizenry and the ends of means allocated to them by the Constitution; I see it is already happening. The very fact that we are now seeing the formation of Citizens Grand Juries and TEA parties is saying we are farther along that road than we should ever have to be. Is the leadership really that blind or do they feel so empowered they may ignore their responsibility to the Constitution without consequence? With each tic of the clock the questions mount and beg to be answered but are only greeted with deafening silence or worse scoffing, arrogant public officials. The top on this kettle is going to blow and I would not want to be in the kitchen when it does but no matter, there will be no escape for most of us. Ignore the Constitution and we become a Nation without law. Based on my observations, without a change in course, we are headed for social chaos.

I know in most all things there is ALWAYS a point of no return; a marriage that fails, a war that is lost or a treaty broken. Just as certain there is surely a point of no return where the cost to restore our Country to the vision of our Founding Fathers will be at great human suffering and sacrifice. To think that we should lose her is not something I am ready to accept but I can not deny that possibility.

It is not the Citizens of the Grand Juries who have sank to a lower level of thought but our Government. God help us and God forgive them if THEY HAVE sank to the point where they believe the Constitution is not worthy of defense and in doing so placed us all in peril. I still have hope in my heart that this great land will survive; my question now is at what cost and who among them are willing to be the first, if any, to rise to her defense when it is still not clear that they should profit themselves by it.

Sincerely,

Lt Col David A. Earl-Graef USAFR MC

Re: Orly Taitz: read what her own Webmaster has to say about her credibility:

http://www.freerepublic.com/focus/f-bloggers/2226843/posts

I read the posting and saw nothing about her “webmaster” saying anything negative about her credibility.

-Phil

Re: Orly Taitz: read what her own Webmaster has to say about her credibility:

http://www.freerepublic.com/focus/f-bloggers/2226843/posts

First, I would like to agree with your assessment of Mr. Denofrio’s tendency towards “flakiness”. He has changed his tact many times to the the discomfort of many of his readers. The important caveat is that his worldview has altered due to new realities.

The rules changed after the election.

The rules changed after the inauguration.

The constitution is specific as to the mechanisms for correcting the improper election of a SITTING President.

Few, if any, have addressed the LEGAL methods for relieving Mr. Obama of his office. Mr. Denofrio has gone to exraordinary length to explain the rationale for his opinion on the matter.

I challenge you and all active litigators to provide similar constitutional cause for other venues for redress. I believe it will be fruitless and hollow, but by all means try.

The anger and desperation of the relevant parties has made hypocrites of the effort to see justice. I urge folks to step back and examine closely what is at stake. I think many have decided to forgoe the constitution in an effort to save the republic. And how does this differentiate some “patriots” from the marxist-socialist-liberals that treat it likewise? I cannot see the difference either.

Heed my advice and have faith in our constitition and write the AGs…or take some time off from work and go to Washington to make your concerns known personally.

Leo might be nuts but he is most certainly right. Bank on it.

SFC Nosworthy

Then please cite this common law.

It was not some radical made-up wording that the Georgia Grand Jury developed on their own.

O RLY? It sure looks that way.

I respect Mr. Donofrio for what he has done but he needs to show some respect to others as well. The language that he complains about is the language contained within the legally cited common law. It was not some radical made-up wording that the Georgia Grand Jury developed on their own. Again, Donofrio is just jealous of the work done by others. He wants to be the “big deal”. If it wasn’t his idea, it wasn’t worth doing. He has trashed Phil Berg and Orly Taitz among others.

I say to Mr. Donofrio, nobody elected you to be the “Leader” of the “birther” movement. There is plenty of room for everyone. In fact, the more, the merrier.

My next blog article will discuss the HYPOCRISY of those oath bound citizens (government and military) who have taken the tact of the Citizen Grand Jury and SCOTUS to see justice done without recognizing the simple fact only the CONGRESS can remove a sitting President (i.e. impeachment and QW). I’m nearly convinced folks have lost thier minds in the effort to see justice. Easterling, Graf, et al are doing a great disservice in not heeding the insight of folks like Mr. Denofrio.

Where is the voice of reason? Where are the adults? Who actually cares about the constitutional principles that are purportedly worth dying for?

Many “patriots” are no worse than the liberal socialists that are trampling the documant we so dearly respect.

Sad and becoming more visibly futile to support.

SFC Nosworthy

Incidentally, if so proven, do we also count those Denial of Service attacks against Mr. Donofrio’s previous blogs according to your theory?

Well Phil, you certainly are the master of the non sequitur.

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(Thanks for enabling the preview button, by the way… it is much appreciated).

However, I think in general the political right somehow has come to intertwine religion and politics in such a way that they feel they have a divine right to rule. That is why Obama’s win is giving them such heartburn. The Birthers are channeling their lack of acceptance of this reality to the phony eligibility question.

Could be, but serious questions of political attitudes strike me as out of place here. This is not a red-state / blue-state thing. The conservatives mainstream has nothing to do with this, and you can find a fringe conspiracy theory in any color you want.

Your moniker says it all, Reality Check.

No, that wasn’t my point.

What I said was, based upon my understanding of the law, if they try to enforce the verbage they have in their CGJ, then it is a very good chance, fact that they will get to visit the crowbar hotel.

And again, Sue, you have the innate ability to observe the obvious. Of course if someone breaks a law and law enforcement enforces said law, then they have a “very good chance” of going to jail.

I’m not sure what the point of your observation is, except to spread unwarranted Fear, Uncertainty and Doubt ™ about a CLGJ.

-Phil