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For those who have studied some of the more shady history of this
country, the idea is not foreign that the current government is little
more than an organized crime syndicate. They bring forth charges without
probable cause. Recently, we find them manipulating some of 'we the people' to
plead to NO charges at all, flatly refusing to even SHOW the accused a
complaint or affidavit. If they can get one to plead, they will produce the
complaint (maybe) at a later time! What is happening in Urbana right now could
happen to any one of us at any time! It goes without saying: each of us need
to understand what were up against and what to do to protect our lives,
liberties and property. I am not holding myself out to be an expert in
this area, but rather as a harbinger to let us know that committed patriots
are out there uncovering these and related matters at this moment.
that
it is concurred? All the jurors concurring must follow the Grand Jury
Foreman into open court, and EACH concur the finding of the Grand Jury
that
a
crime has been committed on the open record of the court. If this
doesn't
happen, it is NOT an indictment! You have to go to the transcript of
the
court on that day and see if the jurors in fact appeared. The
deliberations
of the grand jury are in fact secret, but everything that the grand jury
does
isn't a secret! Any defendant has the right to petition the court to
compel
the clerk to release certain findings with respect to grand jury
proceedings
preliminary to or in conjunction with the judicial proceedings or when
permitted by the court at the request of the defendant upon a showing
that
grounds may exist for a motion to dismiss the indictment because of
matters
occurring before the grand jury. So here is what is needed: the
transcripts
of the proceedings before the court on the day that the grand jury
indictment
was filed within the magistrate's rooms! The presumption is: THERE
AREN'T
ANY!! There isn't any record of the grand jury going into the open
court
saying "here's your indictment" because in all likelihood, they didn't
go!
So there can be no transcript of it. If proper process isn't adhered to
in
securing the indictment, how was the indictment then arrived at? Very
possibly by FRAUD on behalf of the US Prosecutor! If the process isn't
adhered to, there's no actual indictment; if there's no actual
indictment,
there's no charging instrument; if there's no charging instrument, then
what
are these men doing in jail? What are they being made to answer to?
There's
nothing to answer to! Early on, in the preliminary hearing or the
hearing
on
arraignment, it is very important to ask "Where is the probable cause
affidavit, where is the complaint? (they are two distinct things)." On
first
appearance, the accused must be shown them at the preliminary hearing,
(which
must take place within 14 days of the indictment coming down from the
grand
jury). That means probable cause affidavit by the private party doing
the accusing or member of law enforcement AND the signature of the
instrument by the prosecutor. If these are NOT there a pleading should not be set
forth by the accused! In fact, a pleading CAN NOT come forward until the accused
has been shown both the affidavit and complaint. He should instead put in a
pleading that raises the defect in process described above. The accused
MUST object!
There is more detail to this, of course. But allowing the 'big
picture' is the purpose of this communication.