Signing of the Magna Carta in 1215 which was the genesis of the grand jury
Photograph: Universal History Archive/Rex
“Historically, this body has been regarded as a primary security to the innocent against hasty, malicious and oppressive persecution; it serves the invaluable function in our society of standing between the accuser and the accused, whether the latter be an individual, minority group, or other, to determine whether a charge is founded upon reason or was dictated by an intimidating power or by malice and personal ill will.” Wood v. Georgia (1962)
By Paul Nally
Obviously, the continued effort of our legislators is to throttle the free and unrestricted use of our Liberties is exemplified by the fact that throughout the verbiage of this HB, the term “district attorney” is used. This, instead of the generic “prosecutor”, is an unabashed attempt to make a reader of the law, a reader of the rules of practice and procedure, believe that ONLY an elected district attorney, or one appointed by the Attorney General, has the sole authority of law to present a case of police use of excessive or deadly force to the Grand Jury. Further, that such presentation be made within one year. That is found in the proposed language of 15-12-71(B) in Section 1.
That one paragraph turns this proposed legislation into an instrument of a legislative plunder of the rights and power of a Grand Jury and a citizen’s First Amendment Rights.
The precise verbiage used by those entities who author our laws and are skilled in craftily contrived deceptive advocacy are too often placed in our printed statutes. The reasoning behind this is rather simple.
A conscientious judge, hearing a claim of being obstructed in a citizen’s access to the Grand Jury, would know that the letter of the law must be interpreted in the light of a citizen’s protectable guarantees and all other statutes which pertain to that particular issue. This is required of judicial interpretation so that the totality of the law, the totality of meanings and applications of the law, are all in harmony. So, a good judge would know that the use of “District Attorney” or “one appointed by the AG” would not be interpreted as exclusive language to just those two, but would be a general reference which would not exclude any citizen.
But, if you have a corrupt lawyer, corrupt District Attorney, and/or a corrupt Judge who seek only to exercise the maximum control over a group of citizens, then, when a citizen tries to access a grand jury to lay before them his / her evidence of corruption and crime, the lawyer, judge, or district attorney can drag out the statute, point to it, and “show” the citizen that “the law” plainly gives the authority to the DA, or Judge.
What is a citizen to believe?? He does not know of, or understands, the concept of judicial interpretation. He is looking at the black letter of the law being shown to him, but because of his lack of education, he cannot understand why the verbiage used by his legislators is wrong. He knows it’s wrong, he just doesn’t know how to express his understanding that the words used don’t jive with his concept of what his Liberties mean. Therefore, he is left to accept as true, or believe, a lie and simply assume that the Legislators had some “good” reason for denying him the use of his Liberties of petition, free assembly, responsible speech, and his right to be heard, in the words of our Constitution, by those vested with the power of government to redress his grievance. This is how those skilled in deception will tell you just enough of the truth so that you will believe a lie. Deceptive verbiage has become the new weapon, the gun and knife, for the deprivation and theft of Liberties.
This is one of the most effective methods of preventing citizens from bringing evidence before a grand jury of political and governmental corruption; using our ignorance as a tool to bring about our enslavement. And, so, we are left at the mercy of thieves and liars who have convinced our neighbors to elect them as “public servants” when, in reality, they are a part of an autocratic oligarchy, an “elite of society”, subverting the law and turning it to an instrument of plunder.
Each morning you awake to a new day; yet, in reality, it is just another day of you and your children being the victims of a very deceptive theft of your liberties. The instrument of that theft is not a gun or a knife, it is the words and phrases of bad laws and bad applications by judges and lawyers, with the tacit, at least, approval of the State Bar, and the enhancement and ease of use of those tools by our own ignorance.
That is the very reason our founders put the supreme power of government into the hands of citizens when, in our Constitution, they acknowledged the power of a citizen, in a Grand Jury assembled, to be the ONLY lawful “Judges of the Law” in this State, and with that power, they have the authority of the Supreme Law of this State to punish those who would subvert the law and turn it to an instrument of plunder.
But, unless we, the people. are willing to educate themselves to understand the depth, the breadth, the sheer magnitude of the concept of being a “Judge of the Law”, and be willing to exercise that awesome power, we all will suffer servitude at the hands of our servants; and now, as I’ve just recently learned, there is evidence that we, and our children, are being poisoned, and in some cases killed, by those same servants so that they can receive large sums of money and influence by poisoning our medicines. That is definitely within the jurisdiction of a Grand Jury to investigate, but until corrupt judges and DAs are removed from standing between a citizen and his evidence and the Grand Inquest of a Grand Jury investigation, we will be subjected to physical abuse, harm, and death by those who pretend to serve our best interest. We can no longer afford their indifference to their ignorance or their criminal negligence.
Paul Nally is retired from GaDOT. Formerly city patrolman, Bartow County Deputy, Chief of Police w/ City of White, Ga., and former judge of the 827th Militia District, Bartow County (Justice of the Peace before that court was merged with the Magistrate Court in the 1983 Constitution).
Editors note: For more on the Grand Jury, see The Fifth Amendment’s Grand Jury: A Proud & Lost Protection of Liberty.
One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. ~
Every 4 years, we march to the polls believing that if we change the occupant of White House it will fix the problem. For the vast majority of the population, it’s really glossed over that there are 469 other elected offices at the federal level that will also be on the ballot this November. Nationwide, it’s estimated there are as many as 30,000 offices up for election. These state and local political offices oftentimes have just as much or more effect on your individual freedoms, property rights, zoning regulations, licensing regulations, local and state taxes as do the federal offices.
The great philosopher Plato said, “One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.” It’s not your fault though. In fact, it seems that you’ve been discouraged. We’ve been told not to speak about religion or politics, it’s not “politically correct”. Or, maybe you have been interested but haven’t known or been taught how to be politically involved.
If you happen to read your county paper under the fine print legal ads, you might have seen an ad similar to this which ran for 7 days between 1/22 and 1/29 in the Marietta Daily Journal. The county party is required to run this ad as the “call” for the Precinct Mass Meetings.
If you really want to get involved in the political process, it starts at the grassroots; at your local precinct. In Georgia, it works like this. Every odd numbered year and during the national election year, the local county Republican Party issues a call for the precinct mass meeting. If you are a registered voter and believe in the principles of the party, you are qualified to participate in the precinct mass meeting to be elected as a delegate to the county convention held in March.
Why is this important? The delegates to the county convention elect delegates for the district convention and the state convention which in turn elect delegates for the national convention. Of course, the delegates to the national convention will determine the nominee for the party to run for President in the general election in November. If you want to have a voice and see that good government and the principles you believe in are upheld, the precinct process is where it begins. You can be a part of shaping the party at the local and state level as well as the federal.
From government overreach, wasteful spending, over taxation, failed promises and corruption, to willful violations of the Constitution and outright attacks on the Bill of Rights, angst against local, state and federal government is at an all-time high. The solution will not be found in a single man or woman in the White House. If you want to retain limited self-government, The Key Is We! We the people are the sovereigns. All of the elected representatives work for us. It’s our responsibility to keep them in check within the bounds of their oath of office to the Constitution. George Washington stated it plainly, “The power under the Constitution will always be in the people.” It’s time to get informed. It’s time to get engaged.
PRECINCT MASS MEETING INFORMATION
If you are a registered voter in Georgia, your voter information can be found at https://www.mvp.sos.ga.gov/MVP/mvp.do . Visit this site and enter your first initial, last name, county and DOB in the MVP Login to find out your voting precinct and districts.
If you happen to live in Cobb County, you can register for the mass precinct meetings at https://www.cobbpmm.com/register.php. Online preregistration is available through Wednesday, February 17, at 11:59 pm. The Cobb GOP Precinct Mass Meeting takes place on Saturday, February 20, 2016, at 10 am. The location is 774 Roswell Street Baptist Church, Marietta GA. Walk-in registration will be available starting at 8:30 am. Please bring a valid photo ID. Participants in the Precinct Mass Meeting will elect delegates/alternates to the Cobb GOP County Convention in March.
Be sure to arrive early as doors close at 10:00 am and no one will be allowed to register after that time. You should also know that precincts that do not have any participants are not allowed to form and cannot send delegates to the county convention.
OTHER GEORGIA COUNTIES
For all other Georgia counties, go to http://gagop.org/ (scroll to bottom of page) to find your county GOP contact information or check your local newspaper for the legal ads.
The dates for the conventions have been set as follows: (please note that due to Georgia GOP Rules Changes, some individual counties may have elected to adjust their county convention/precinct meeting date. Please verify with your local county GOP)
Precinct Mass Meetings for Counties over 80,000 Population: February 20, 2016 at 10 AM;
Precinct Mass Meetings for Counties under 80,000 Population: March 19, 2016 at 9 AM;
Precinct Mass Meetings have each Precinct ELECT, by majority vote in each precinct, Delegates to the respective County Convention.
County Conventions: March 19, 2016 at 10 AM; County Conventions ELECT, by majority vote, Delegates to the District and State Conventions.
District Conventions: April 16, 2016 at 10 AM; District Conventions ELECT, by majority vote, 3 National Delegates and 3 Alternates to the National Convention in Cleveland, Ohio.
State Convention: June 3-4, 2016 in the Augusta Convention Center in Augusta, Georgia; The State Convention ELECTS, by majority vote, a National Committeeman and National Committeewoman to serve a 4 year term on the Republican National Committee (RNC), as well as 31 Delegates-at-large and Alternates-at-large.
The initial 15 minutes of the livestream is a video by KrisAnne Hall that was shown prior to the debate, in which she explains the Strong Cities Initiative. If you wish to bypass this piece, skip to 15:04 into the video.
Lincoln-Douglas Debate LIVE STREAM 7pm EST, February 4, 2016
WHAT: Debate: Is Ted Cruz a ‘natural born Citizen’?
DEBATERS: Attorney Jason Shepherd and David Welden
WHERE: Cherokee Cattle Company, 2710 Canton Road, Marietta, GA
WHEN: February 4th 7:00pm – early dinner arrival 6pm
The Northwest Georgia 9/12 will present a “Lincoln Douglas” style debate with former businessman David Welden and Attorney Jason Shepherd.
Is Ted Cruz eligible to be President? YES! According to Attorney Jason Shepherd, Cruz is constitutionally eligible, as described in his recently published paper on the subject.
Retired Cobb business owner, David Welden, disagrees with Shepherd and has challenged him to a formal debate. Welden claims Cruz is not constitutionally eligible to serve the Presidency because he is not a natural born Citizen.
The Atlanta Regional Commission is drafting a new set of bylaws for their governing board. The following remarks are a list of critical issues raised at a recent ARC meeting.
CRITICAL BYLAWS ISSUES
- Bylaws don’t provide term limits for appointed members. Some citizen members have served for 15 years. In fact, 16 of the 39 Board members are not elected by the citizens of any jurisdiction. Research has shown that citizen appointed members attend ARC meetings more often than elected county representatives. Yet, appointed citizen members are not accountable to the voters or taxpayers.
- Past and current ARC Chairmen are appointed chairmen of Community Improvement Districts. The Georgia Constitution and Georgia Law prove that CID’s are political subdivisions. The ARC has violated its own bylaws since citizen “members at large may hold no elective or appointed public office nor be employed by any political subdivision of the area”. Even Lynne Rainey, attorney that setup most all of the CID’s in Georgia and is currently counsel to those CID’s calls them a “government entity” on his website. He’s probably the leading expert on CID’s in Georgia and I think he would know.
- Further, the Georgia Transportation Infrastructure Bank was setup to provide funds for government units which includes CID’s. This is in O.C.G.A 32-10-122. If CID’s are not a political subdivision as you say, the CID’s might need to seek legal counsel on how to return the money they’ve received to avoid legal consequences!
- New Governance Committee creates an excessive centralization of power into the chairman’s role with no established term limits. Chairman may appoint members outside of the current duly elected county commissioners and mayors. To quote one of the Bylaws Committee members, “once a slate is nominated, the tendency is to accept.” The Governance Committee structure removes accountability to the public.
- One of the authors of the proposed bylaws has said that creating the Governance Committee with membership appointed by the Chairman is “more efficient”. Centralized power is always more efficient. Top down centralization is more efficient and I’m sure it begins in this benign way. But as this organization evolves and more authority is centralized into regional governance, given the right “crisis” the more efficient path is usually always taken. But that’s not how our system of government works where power rests with the people.
- ARC directs federal money toward transportation projects within CID’s. When the chairman of the ARC can be the chairman of a CID and also be employed by a firm that has major real estate investments in the CID, this creates a potential to steer funding that benefits investments in the CID. Or worse, the opportunity for inside deals to favored business interests. This inhibits free market competition.
The people gave you authority by electing your to represent them in your county and city, why are you giving up your authority to the chairman’s role?
With secret stadium deals and blocking of public comment, the denial of open records request for public private partnerships, and now insider land deals to sell Ft. McPhearson for pennies on the dollar, the citizens have a right to be distrustful.
The citizens of Georgia and metro Atlanta want and expect open and transparent government with a say. We certainly don’t need more centralized governance that is un-elected and unaccountable.
Tuesday, April 29, 2014
Contact: Garland Favorito
ATLANTA, GA –A dozen leaders of various organizations plus many other concerned citizens gathered at the Capitol today and made a personal call for House Speaker, David Ralston, to resign his seat. A complaint with evidence of three separate ethics related concerns was delivered to Governor Nathan Deal.
The leaders contended that the Speaker’s House procedures are dictatorial and subvert the principles of a representative democracy. They asserted that all decisions as to what bills are heard and which bills can be voted to move to the floor are made in secrecy and not by votes from their elected representatives. They further lamented that bills can be gutted, supplemented, modified or limited for debate without a floor vote or permission from the authors.
Secondly, the leaders contended that the Speaker and some Representatives flood certain House races with money to elect candidates who will accept the established dictatorship. Records of a 2012 primary show the Speaker’s $5000 and $27,000 from legislators, helped create a 5:1 spending advantage for a candidate who raised 93% of his funds from legislators, corporations and PACs. His challenger, a minister, raised 96% of his money from individuals. The leaders cited such funding as conflicts of interest that undermine the will of the people in the districts.
Finally, the leaders insisted that the Speaker and some Representatives conducted a politically motivated, false attack on a bill introduced by Rep. Sam Moore with intent to destroy his reelection chances. Records proved that the Speaker and some of the same Representatives are funding Moore’s previous primary opponent, who is running for that seat again. Legislators contributed over $17,000 of the $30,000 total for his opponent, who raised only about $800 from in district individuals. Moore has refused to take cash from corporations, PACs, lobbyists or legislators.
To disprove the Speaker’s claim that one of Moore’s previous bills to remove loitering laws would have jeopardized children, three separate child protection statutes and current loitering laws were explained. The leaders contend the Speaker had to know that the legal premise of his claim was false since he was a criminal defense attorney who represented several child molesters in high profile cases.
Georgia ranks as America’s most politically corrupt state. Its ethics commission was recently found liable for a $700,000 judgment in the first of several wrongful termination suits by employees who were involved in investigating Gov. Deal.
As I was studying The Federalist Papers last night, I marveled at the founders’ knowledge of world history and human nature. Their vision and wisdom of the proper form of limited government was astounding. Yet, for at least 100 years, we have lost that vision. Based on the current actions of Congress, I hardly think that the legislators of today have the same vision and understanding.
All of our elected representatives have taken an oath to defend the Constitution. Many I’m sure carry a copy with them. Some are quick to whip it out and boast about reverence for its principles. Yet, precious few follow and vote according to its precepts.
Congress has repeatedly violated their oath to support the Constitution. Consider the situation we find ourselves in today. Congress has:
- Exceeded its enumerated powers into all sorts of areas, exploding the national debt to over $17 trillion not counting the unfunded liabilities probably in excess of $100 trillion.
- Allowed the Executive branch to launch wars of aggression under the authority of NATO and the UN as in the case of Libya.
- Allowed the continued violation of the 4th Amendment protections of privacy by not stopping the spying of all U.S. citizens by the NSA.
- Allowed the Executive branch to make repeated changes to existing law without any check, as in the case of Obamacare.
- We could go on and on, but there are too many to name in this short time.
And yet, where is Congress when these executive branch usurpation’s occur? Where is the Executive and the Judicial branch when Congress exceeds its authority?
A Balanced Budget Amendment doesn’t address the unconstitutional spending which caused the massive debt in the first place. Passing more amendments will be also be ignored or worse used to legalize the status quo. What makes us think Congress will abide by these new amendments? Further, why would we want to give authority to these violators of the Constitution, the power to modify or change it. It’s not the Constitution that’s broken, it’s the elected representatives that don’t honor it.
As for a Convention of States, there are no provisions in the Constitution on the authority to hold an Article V Convention of the States or on the rules that will be followed. Only Congress can call for a convention. The convention would set its own rules. What special interests would want to control the convention? Which states would not want to get more federal money? What kind of vote swapping and deal making would occur to give more authority to government and take away liberties from the People?
The reality is that we are in a post-Constitutional era. Unless the States force the Federal government into compliance by exercising the rightful remedy of nullification under the 10th Amendment, we will continue to see the usurpation on the Constitution.
We’ve seen the letters from legislative council warning that calls for nullification of federal laws is sedition and tantamount to treason. My fellow Georgians, this is just not so. On no less than two occasions in recent years, the U.S. Supreme Court has upheld the dual sovereignty of the states and the federal government. See Mack/Printz vs. USA and Justice Roberts opinion on the Affordable Care Act (Obamacare).
The real issue is whether the Georgia Legislature is willing to refuse federal money? When accepting federal money the state is beholding to federal authority.
I’m sure that most of the proponents of an Article V Convention of the States have good intentions. We are all sick and tired of an out of control Federal government. A COS only delays the true remedy and is a dangerous move that could open up the entire Constitution. As the old saying goes, “the road to hell is paved with good intentions”. We have the tool of stop the overreach now: Nullification. Use it!