According to the Missoula Independent‘s article, if you are unhappy about the recent decision of the Ravalli County Commissioners to propose 3 Portage Routes, you have until “early November 2009” to appeal!
Carter E. Beck, MD is a well-reputed Neurosurgeon practicing in Missoula, Montana. Amongst many other things, he is also the Vice-President of the Montana Neuroscience Institute Foundation. His timely lecture will address the not-so-bright-side of government-provided health care, from a physician’s standpoint, and why it is important for all of us to oppose the proposed health care initiatives considered now in Congress.
Wednesday, October 28, 2009
Time: 7pm (Free Event)
Location: City Hall Community Center, at the corner of 2nd and Bedford Streets, Hamilton
Hope to see many of you there!
This ConOp comes from Duane A. Sipe, and it was previously published with the title, “Time to Take Action” on Page 4 of Ravalli County’s August 2009 Issue of The First Edition. Please add Mr. Sipes’ blogs, USSA Watchdog and Montana Grand Jury, to your respective blogrolls. We look forward to inspiring discussion here!
The Triumph of Evil – Losing our ‘Real’ Federal Grand Jury
As is often attributed to Edmund Burke, the quote, “The only thing necessary for the triumph of evil, is for good men to do nothing” shows itself to be truer with each passing day.
Take the Constitutional reference to grand juries for example. The 5th amendment reads, in part, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury …”
Let’s take a look at a couple of cases that shed light on what our founders put in place regarding the grand jury.
An independent grand jury is to “stand between the prosecutor and the accused,” and to determine whether a charge is legitimate, or is “dictated by malice or personal ill will” ~ (Hale v. Henkel, 201 U.S. 43 (1906)).
The Supreme Court states that the independent grand jury’s purpose is not only to investigate possible criminal conduct, but to act as a “protector of citizens against arbitrary and oppressive governmental action,” and to perform its functions; the independent grand jury “deliberates in secret and may determine alone the course of its inquiry” ~ (United States v. Calandra, 414 U.S. 338 (1974).
“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 branches described in the first three Articles. It is a constitutional fixture in its own right.” ~ United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977.
“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.” ~ United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia.
And from the Creighton Law Review article titled, “If It’s Not a Runaway, It’s Not a Real Grand Jury” we find, “The function of a grand jury to ferret out government corruption was the primary purpose of the grand jury system in ages past.”
What happened? What does the Creighton Law Review mean … ages past? Well, the power of government, when left unchecked, tends to grow, like a vicious uncontrollable cancer. It is the force of evil that causes those in power to exercise ever expanding, oppressive power, over others … when allowed to do so. Those in judicial power, in recent decades, have found another way to remove (or so they think) another piece of the people’s final authority over its government.
From the Creighton Law Review article once again, we find: “In 1946, the Federal Rules of Criminal Procedure were adopted … In the area of federal grand jury practice, however, a remarkable exception was allowed. The drafters of Rules 6 and 7, which loosely govern federal grand juries, denied future generations of what had been the well-recognized powers of common law grand juries: powers of unrestrained investigation and of independent declaration of findings. The committee that drafted the Federal Rules of Criminal Procedure provided no outlet for any document other than a prosecutor-signed indictment. In so doing, the drafters at least tacitly, if not affirmatively, opted to ignore explicit constitutional language. What all authorities recognize as a ‘presentment,’ however, has been written out of the law and is no longer recognized by the federal judiciary. A ‘runaway’ grand jury, loosely defined as a grand jury which resists the accusatory choices of a government prosecutor, has been virtually eliminated by modern criminal procedure. Today’s ‘runaway’ grand jury is in fact the common law grand jury of the past. Prior to the emergence of governmental prosecution as the standard model of American criminal justice, all grand juries were in fact ‘runaways,’ according to the definition of modern times; they operated as completely independent, self-directing bodies of inquisitors, with power to pursue unlawful conduct to its very source, including the government itself. The loss of the grand jury in its traditional, authentic, or runaway form, leaves the modern federal government with few natural enemies capable of delivering any sort of damaging blows against it. The importance of this loss of a once powerful check on the ‘runaway’ federal government is a focus that has remained largely untouched in the legal literature.”
It’s time to breathe life back into this power, granted solely to the people, so that we may correct the wrongs inflicted upon us … one unconstitutionally acting public official at a time. The power is truly, in the hands of the people.
Just like Dorothy, we own a pair of ruby slippers; although, our pair is the Constitution and the Declaration of Independence.
For me, it is becoming more apparent, as I research such topics, that we’ve had the power to ‘go home’ all along, I just didn’t know how much … until now.
It’s time “good men” did something. Let’s get our ruby slippers out of the attic, dust them off, put them on, and take a walk in them.
© Duane A. Sipe
From the eDesks of Dan Cox and Mona Docteur:
This is an URGENT message regarding our field trip to Hardin yesterday. It is imperative that we call the numbers indicated to demand answers about this situation. Our freedom and sovereignty depend on it.
Dan and I, along with Red Beckman, will be interviewed tonight on the Patriots Hearts Network at 7:00pm Montana (Mountain) time (6pm in CA, and 9pm in NY).
Be sure to call in with your questions or comments 347-215-6929
If you miss the Radio Show – that is OK. Review the notes below and IMMEDIATELY CALL these phone numbers to express your concerns!
Mona & Dan
For those who want to know more about this:
http://www.youtube.com/watch?v=fLcki1KDyoY (or search YouTube for Hardin, Montana)
Go ahead and ask a question in town about the jail. You will find out shortly that the majority of these citizens have bought the story from American Police Forces hook line and sinker. They are selling bunny rabbits and rainbows. The word on the street is that APF has offered three Mercedes Black SUVs to the town of Hardin if they break the contract with the local sheriff’s department. Then they only need to hire their own local city law enforcement. There is only one problem with this idea. They can’t afford to hire these city police officers. In fact the town is so broke they haven’t paid the sheriff’s department in some time. APF to the rescue again, they will provide the funding. So if they really cared for the city why aren’t they just paying the bill to the sheriff’s dept.? Maybe because they can’t control them. I think they are trying to buy the local city police force. Think about it?
Go check out the last three issues of the local paper The Big Horn news. We were set straight in there as soon as we mentioned the word APF. They are definitely not neutral on this issue. This newspaper seems to really be trying hard to debunk everything about APF.
APF has apparently gone door to door down town. They are enticing all the business owners with a homeless shelter, new jobs, animal shelters, $5 per prisoner per day, Free Mercedes police vehicles etc.
If you ask a question in town like, “where are the prisoners coming from?” It will no doubt elicit a response like, “they are going to provide 200 jobs and 80% will be locally hired”. You can hardly believe the answers you will get. It is like everyone in town is a PR person for APF.
We went over to city hall and got the draft meeting minutes from the meeting where they voted 6-0 to stop the contract with the sheriff’s dept. In these meeting minutes it clearly says that Two Rivers Authority signed a contract with APF. The minutes go on to state that they are going to amend the contract and re-sign it. Then it will be available for public viewing. Once the bond holders have signed as well. The Two Rivers Authority was created by the city of Hardin in 2004. So it is under Hardin City. When we requested the document from the city and Larry Vandersloot who is on the board of Two Rivers Authority we were denied.
We advised them of the Montana State Constitution Article II section 9
Section 9. Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencise of state government and its subdivisions.
They said to talk to their lawyers. Of course none of their lawyers are answering their phones. We then proceeded to the sheriff’s office to file a complaint against Larry Vandersloot and the City. We were advised by the county attorney that we had a right to see the contract as soon as the bond holders had signed it. Why are they all hiding this document?
Look at Montana State Constitution Article II section 33
Section 33. Importation of armed persons. No armed person or persons shall be brought into this state for the preservation of peace, or the suppression of domestic violence, except upon the application of the legislature, or of the governor when the legislature cannot be convened.
This contract was signed by Two Rivers Authority in California with APF a California corporation. This was a huge blunder. They only want us to see the amended version, because they broke the Constitution by signing the first contract with a CA corporation. APF has filed with the Secretary of State to become a Montana corporation. That is in my opinion why they are waiting for a new amended version. They need the APF to be a Montana corporation before the contract is legal. We need to call the Secretary of State and ask him not to certify this corporation. They are doing everything they can to clean this thing up. Like taking the illegal Hardin City Police logos off of the Mercedes SUVs. Why weren’t they arrested for impersonating police officers?
They seem to be breaking Montana State Constitution Article II section 8
Section 8. Right of participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.
How can we be told that we can only see the contract after it has been signed? That doesn’t seem to uphold the Montana Constitution. There is no citizen participation in the contract process. Why hide it? If these guys are who they say they are, we have no problems right? If this contract is in the best interest of the citizens of Montana let us review it first.
We must act please call, write, email or visit these people and get that contract. Not the amended version, but the original. It’s our Constitutional right to see those documents. Before they are finalized.
Thanks in advance for your participation,
Daniel Cox & Mona Docteur
Al Peterson VP TRA
Becky Shay Spokesperson for APF
Larry Vandersloot Board Member TRA
Public Works Director
TRA Atty. Becky Convery
Hardin City Hall
Big Horn County Attorney
Big Horn County Sheriff
Secretary of State
P.S. We did get a picture of one of the black Mercedes SUVs. The logo was removed. It is being driven around town without licensing or a dealer plate. No police enforcement on that either. It still has all the dealership info on it. House of Imports in CA. The prison is in town next to the IGA. The city and prison are outside of the reservation so regular state laws apply.
P.P.S. (Thanks Lisa)
Many of you may also feel inclined to contact Montana’s State Governor Brian Schweitzer! Unfortunately his office hasn’t provided anything in the way of real help, claiming (wrongly) the matter is “out of their hands” and can only be worked out by the Hardin officials and the Fed – with no referrals or offers of help – this is not a good way to get re-elected in any case, but perhaps we can provide even MORE pressure?
Also, our Senators and sole Representative need to know how we feel about a foreign private corporation taking over our law enforcement that is supposed to be overseen by the Sheriff according to the Constitution:
Sen. Max Baucus
Sen. Jon Tester
Rep. Denny Rehberg
*** Also – NewsBreak!! ***
Montana’s Attorney General Steve Bullock Launches Probe in the Hardin Jail Deal!!
Contact their office and let them know Montana citizens APPRECIATE this!
“Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.” — John Quincy Adams
“Government is not reason. It is not eloquence. Government is force; like fire it is a dangerous servant — and a fearful master.”
—George Washington, 1797
“A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.”
—Thomas Jefferson, First Inaugural Address, 1801
“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
—Thomas Jefferson, letter to Archibald Stuart, 1791. ME 8:276
“The world is a dangerous place to live; not because of the people who are evil, but because of the people who don’t do anything about it” Albert Einstein
RESTORE THE CONSTITUTION!
Join the Campaign for Liberty at http://www.campaignforliberty.org/
(From Lisa) Also check out http://thirdpartyalliance.net 🙂