Archives for category: constitutional amendments

Proof of intent to obstruct the Constitution.

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While totally ignorant of the Presentment Grand Jury,
I filed a federal complaint pro se so as to gain access to a federal grand jury in order to present evidence of rampant and systemic criminal crimes and civil rights violations. See: B a r a no sk i v . U S Att y O ffice D ock e t N o . 06-3151
 

As a top cop police sergeant I was effectively blocked from holding any of the many public criminals accountable. Any and all legal or official offices or agencies either acted, or failed to act, in prosecuting those who broke the law. Namely because they were those who ADMINISTERED the Rule of Rule. I pursued my efforts all the way to the Third Circuit Court of Appeals. Their intent to perpetuate the hoax that citizens could access the grand jury per statue was realized in their “decision.”

Here’s the proof that this is an intentional act to block access to the Grand Jury so as to present evidence of crimes by Prosecutors, judges and politicians. This was an arranged collaboration between the USAO and the Courts for self protection.

I filed that Complaint because all avenues of any related legal enforcement refused to act or worse, participated in the vober up. Up to and including the NJ Attorney General (they said the did an investigation but I used OPRA and proved they never did) and even higher with then U.S. Attorney Chris Christie who refused to go after any big fish because he was planning on running for governor.

And here’s the proof in a simple nutshell.
The NJ Supreme Court referred to a federal statue that allowed people to communicate with a grand jury and not be considered as tampering. It was in a NJ decision where a NJ lawyer ( Loigman) fought to be able to present evidence to a grand jury about crimes. The NJ court in an effort to sidestep okaying Loigman’s intent, threw in that federal statue already allows citizens to communicate with a grand jury to present evidence of a crime and not be associated with tampering with a grand jury. Here it is:

18 U.S. Code § 1504 – Influencing juror by writing

Whoever attempts to influence the action or decision of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his duties, by writing or sending to him any written communication, in relation to such issue or matter, shall be fined under this title or imprisoned not more than six months, or both.

Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury.

This statue was designed simply to 1. Make it appear that people could access the grand jury and 2. To deflect from the fact that our Constitution already provides for a more powerful tool via the presentment grand jury that the founding fathers intended to be used AGAINST bad government officials or acts and 3. That the government had illegally obstructed this part of the Constitution!

Here is a link describing that trick: https://peopleorsheeple.wordpress.com/2014/05/28/58/

So, if as the statue states “Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury.” how could the court deny my Complaint? They couldn’t, hence the legal garbage “decision.”

PGJ-intro-pic.jpgLink: https://peopleorsheeple.wordpress.com/2014/05/28/58/

It makes me so angry when the military sacrifices and endures so much to protect the Constitution and us, only to have our dirty government illegally and covertly change the Constitution to protect all of government from the one accountability tool the Founding Fathers included to hold it accountable!

Imagine what a warm fuzzy feeling I don’t have nowadays when I read the Constitution and the Bill of Rights, specifically the 5th amendment:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

What’s the problem? Everything looks fine, right? Nearly everyone understands the protective provisions that the fifth amendment provides to citizens of the United States. But there is one provision of the above Amendment, delineated with just one word that the founding fathers intentionally and specifically included for use by the People, and not the government.

This is the go-to power when any of the rest of the Constitution is threatened BY government. It’s intended to provide accountability, for use against the politicians, the judges, the prosecutors, and anyone else who is granted the privilege to serve the public before the need for a full-on revolution, or even the recently touted State Convention process. Yup, just one word, one that has been glossed over for decades. That one word is “Presentment.”

Like the commonly known Indictment Grand Jury, the Presentment Grand Jury is comprised of common citizens, but UNLIKE the Indictment Grand Jury, it is NOT led by a prosecutor, nor is it controlled by a judge or the court. It shares the same impressive and extensive power that the Indictment Grand Jury does with the same ability to investigate anything or anyone it deems necessary, regardless of its significance, or of their standing or position in society or government.

The unscrupulous feared it so much they chose to unlawfully “amend” the threat away. Justice Scalia summed it up appropriately by calling it the 4th branch of government. The Grand Jury is not a branch of government. It stands on its own.

“Rooted in long centuries of Anglo-American history, Hannah v. Larche, 363 US 420, 490 (1960) (Frankfurter, J., concurring in result), the Grand Jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the three branches described in the first three Articles.”

“It is a ‘constitutional fixture in its own right.’ … In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people.” ― Justice Scalia delivering the opinion of the Court, United States vs. Williams (504US36)

To have stumbled across the knowledge that this Presentment power has been obstructed and tampered with BY government to PROTECT government, was shocking, as one could imagine. The only thing that made this worse was discovering the huge and nearly total apathy! Not only by the average Americans, but even by those who claim by words what great “Patriots” they are and to what lengths they would go to to defend and protect the Constitution, or even by so called “expert sites” on the Constitution.

Even the Philadelphia National Constitution Center refuses to raise a hue and cry! Even after being provided with the shocking facts that THEIR Constitution was illegally and subvertly altered to benefit and protect the corrupted in government from the People, this revelation rarely even produces a “Like” on Facebook.

As a Top Cop, I risked my life to protect and serve the public, and then continued to risk my life and well-being fighting massive and systemic public and legal corruption.  Indeed, it was while fighting for the public’s safety and to hold responsible some nefarious corrupted that led to having discovered this travesty to our most sacred document.

I became aware of this after filing my own federal Complaint (pursuant to Title 18, Section 1504, that allows citizens to present evidence of crimes to a sitting Grand Jury) all the way to the Third Circuit Court of Failures so I could present evidence of federal crimes to hold the many public offIcers accountable for victimizing those citizens they targeted.

Every level of federal court refused to honor that statue and would not allow it to be used. I deduced that that statue is a “smoke screen” to make it appear that acces to a Grand Jury is still available to divert the obstruction emplaced against the true avenue to justice, the Presentment process.

After performing the Paul Revere ride for years, I am amazed that I remain alone in this endeavor. It saddens me deeply to ultimately realize that the publics only response is to do and say nothing. Worse, no one is asking anyone to pick up a musket and risk your personal safety as I have. They just need to pick up the telephone, a pen or pencil, or the keyboard on the computer. Knowledge is power, but it’s  rendered powerless if not shared or used.

For starters, please view the link (no legal training required) :
https://peopleorsheeple.wordpress.com/2013/07/05/senator-fix-our-constitution/

Sgt. Dale M. Baranoski
http://www.corruptionmatrix.com