Happy Independence Day Everyone! The T-Room wishes you and your family a fabulous and safe holiday. Best, Helen and T-Room Team
See Update X1 immediately following the Commander’s Interview below –
I’d like to take a moment to acknowledge and thank the good folks who have offered unending assistance to The T-Room so as to author this historic series, they are Citizen Tsunami, Jag Hunter, and Just Me. Your time is precious and we remain grateful to the three of you for sharing so much of it with The T-Room. There are others who made significant contributions to this series we wish to thank including James Bowman, Darren Huff and Mack Ellis. Thank you. We suggest, if you are new to this series, that you start at the beginning –
Part I lays the groundwork – 1946: The Year the Federal Government Illegally Usurped American’s Constitutional Protections featured a 60-minute audio interview with former/active Marine Sgt. Tim Harrington, exposing the illegal usurpation of the citizen’s right for redress as protected by the powers granted Grand Juries under the Fifth Amendment.
Part II discusses America’s current Grand Jury – Operation American Freedom: We the People demanding return to Constitutional Law Harrington’s primary investigative focus on the issue of Grand Jury ‘Presentments,’ led him to believe our original civil system of ‘Presentments’ was replaced with the military’s system – specifically Uniform Code of Military Justice (UCMJ) – “Rules of Criminal Procedure.” The UCMJ system appears to mirror the civil system in that it only allows Grand Juries the power to hand down ‘Indictments’ to a prosecutor, and strips away their prior powers to act independently – sans prosecutor.
This single act of replacing civil procedure with military procedure denies citizens their First Amendment right to address grievances with any local, state or federal government actor through the Constitutional American Grand Jury System, whose powers are guaranteed under the Fifth Amendment. How and why this occurred is the mission of much investigative work, and the reason for publishing this series at The T-Room.
Commander Walter Frances Fitzpatrick III, Naval Academy, Class of 1975
Since 17 March 2009, Commander Fitzpatrick’s Constitutional rights under the First and Fifth Amendment have been denied or deliberately obstructed by the US Federal, State and County Judicial system. He stood before Monroe County Circuit Court Judge Carroll Ross yesterday, 28 June 2010, and learned not only were his protections being obstructed BUT they no longer exist. According to Ross -
“No Grand Jury in any state, of any County in any state, in this country can bring a Criminal Complaint of Treason against Barack Obama,”
US District Court Judge Lamberth’s Order of Denial on 2 July 2009, state -
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
In re Super American Grand Jury
JL – 2 2009
NANCY MAYER WHITTINGTON CLERK
U.S. DISTRICT COURT’
Misc. No. 09-~(RCL)
The Fifth Amendment provides that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand J.ury….” U.S. CONST. amend. V. And although presentments are constitutionally permitted, there is no authority under the Rules of Criminal Procedures or in the statutes of the United States for this Court to accept one. United States v. Briggs, 514 F.2d 794, 803 n.14 (5th Cir. 1975); Gaither v. United States, 413 F.2d 1061, 1065 n.1 (D.C. Cir. 1969); see also United States v. Cox, 342 F.2d. 167, 184 (5th Cir. 1965) (Brown, J., concurring).
Furthermore, grand juries are convened by the court for the district in which they sit. See FED. R. CRIM. P. 6(a)( 1). Grand jurors are also to be selected at random from a fair cross section of the district in which they are convened. 18 U.S.C. § 1861. The individuals who have made this presentment were not convened by this Court to sit as a grand jury nor have they been selected at random from a fair cross section of this district. Any self-styled indictment or presentment issued by such a group has no force under the Constitution or laws of the United States.
As such, leave to file this presentment is hereby DENIED. Further, though the papers presented to the Clerk of Court shall not be filed, they shall be assigned a miscellaneous number along with this order for the Court’s record.
SO ORDERED this 2nd day of July 2009.
RO E C. LAMBERTH
United States District Court
Thus, a Federal Judge and a Circuit Court Judge have now effectively told “We the People” have no legal redress to hold our elected officials ACCOUNTABLE!
Yet, Justice Scalia, SCOTUS, as quoted here by Leo Donofrio ‘The Federal Grand Jury is the Fourth Branch of Government’ clearly states -
“Antonin Scalia effectively codified the unique independent power of the Fourth Branch into the hands of all citizens sitting as federal grand jurors. In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, in United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land:
” ‘[R]ooted in long centuries of Anglo-American history, Hannah v. Larche, 363 U.S. 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 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) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). ‘ “
Donofrio goes onto quote Justice Scalia -
“And finally, to seal the deal, Scalia hammered the point home:
“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. See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906). Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the Judicial Branch has traditionally been, so to speak, at arm’s length. Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48] “
So I ask you, the People, what the hell is going on here? A Supreme Court Justice on the one hand rules the first and fifth amendments are alive and well, yet on the other, a US District Court and now a Circuit Court Judge have told us no such right exists in their courtrooms. How could that be? Last I recall, a Supreme Court Justice’s ruling prevails over the lower courts rulings? Or has this been footnoted too?
And may I remind you, Part I of this Series discusses the 1946 Advisory Commission who adopted the Uniform Code of Military Justice, Rules of Procedure, and replaced “Civilian” Constitutional Law with the current Rules of Criminal Procedure. This Advisory Commission simply “footnoted” a citizens right to redress ‘obsolete’. They did not delete it. They did not make it disappear like the original 13th Amendment, no, all they did was footnote it, thereby rendering yours and my constitutional protections for redress ’obsolete’.
We now know neither our women and men in the military nor the civilian population has a right to legally hold our government accountable for such things as Treason. Yet, Justice Scalia’s ruling says We the People CAN.
Let’s take a few minutes and listen to Commander Fitzpatrick following yesterday’s arraignment in Judge Ross’s Monroe County Courtroom –
UPDATE x1 STARTS HERE -
Fifteen Months of David fighting Goliath
So, let me see if I have this straight, after 15 months of working to get a Complaint of Treason against Barack Hussein Obama heard by a randomly selected jury of his peers, the Commander, a Naval Academy graduate, who spends 25 years of his life protecting America and all her citizens from foreign and domestic enemies by swearing to protect and uphold the US Constitution, learns on 28 June 2010 he has no right, as a citizen let alone a retired military officer, to hold the Federal Government Corporation nor its employees (e.g., elected officials) ACCOUNTABLE, this according to US District Court Judge Lamberth AND now Monroe County Circuit Court Judge Ross! Yet, above Justice Scalia tells We the People We are the FOURTH BRANCH OF GOVERNMENT and our protections are alive and well.
How are we suppose to square this shocking statement made by Judge Ross yesterday with Scalia’s -
”NO Grand Jury in any State, of any County in any State in this country can bring a Criminal Complaint of Treason Against Barack Obama.” 28 June 2010, Monroe County Circuit Court Judge Carroll Ross
Shockingly, this statement came right out of Judge Ross’ mouth when addressing the Commander yesterday during his arraignment. Although Judge Ross is EXTREMELY conflicted, he still presided over the Commander’s hearing. Why is the Judge conflicted? When the Commander made the lawful citizen’s arrest on 01 April 2010 of Foreman Pettway and Monroe County Sherrif Byrum, he also swore out AFFIDAVITS OF CRIMINAL COMPLAINT and a CITIZENS ARREST WARRANT against Judges’ Ross and Reedy, and Assistant District Attorney Stutts, as well as others. How can a Judge who is named in a criminal complaint preside over the arraignment hearing of his Accuser? And must the Accuser comply with the Judge’s orders? Are they even legal orders?
It is quite impressive the hole these Monroe County officials are digging for themselves. I guess they’ve carried on this way for so long now they are utterly unaware they’ve done anything wrong. Anything illegal. I’m certain many have come before the Judge(s) and used as their defense ”it’s the way we’ve always done it” has never worked in his courtroom. That excuse certainly won’t work now that the spotlight is on him and his cabal of corrupt authorities.
But how did the Commander get here? Why was he arrested? What laws has he broken? Why was he conducting citizen arrests of local, state and federal authorities?
Well, this part of the judicial trail starts on 27 August 2009, when Commander Fitzpatrick prepared the necessary paperwork required by the Monroe County Grand Jury to file a Complaint of Treason Against Barack Hussein Obama (Page 1 and Page 2). Today, 25 June 2010, nearly 11 months later, the Complaint of Treason Against Barack Hussein Obama has yet to be heard in front of the 13 Member Monroe County Grand Jury. Why?
The Monroe County Grand Jury is one of a small handful of Grand Jury’s in the United States that honors citizen Complaints and Grand Jury Presentments. So the law is not obstructing the Commander’s due process.
What is? Or better, WHO is?
Just like the rest of us concerned citizens, Commander Fitzpatrick sent letters by registered mail to every public official, including then President of the Senate, Dick Cheney, and all of the Electors serving Tennessee in 2008 advising them they were about to commit election fraud IF they voted favorably for Obama. These “trusted” individuals did cast a favorable vote and thereby committed treason and election fraud.
After being ignored by the elite political structure, you know the one that thinks We the People are stupid, the Commander along with Sgt. Tim Harrington crafted a Complaint of Treason AGAINST Barack Hussein Obama.
The Complaint was initially taken up by the Super American Grand Jury online website. It was heard by a randomly selected group of volunteer citizen’s to serve as jury members. This jury found the Commander’s Complaint favorable and issued a Presentment to the United States District Court of Washington DC. However, Judge Lamberth, the presiding Judge, denied the Complaint, but not on its merits, rather 1) the Grand Jury issuing the Presentment lacked jurisdiction in his court, and 2) -
The Fifth Amendment provides that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand J.ury….” U.S. CONST. amend. V. And although presentments are constitutionally permitted, there is no authority under the Rules of Criminal Procedures or in the statutes of the United States for this Court to accept one. United States v. Briggs, 514 F.2d 794, 803 n.14 (5th Cir. 1975); Gaither v. United States, 413 F.2d 1061, 1065 n.1 (D.C. Cir. 1969); see also United States v. Cox, 342 F.2d. 167, 184 (5th Cir. 1965) (Brown, J., concurring). (emphasis added)
After hitting this stone wall, the Commander realized he had not looked into his own hometown Grand Jury in Monroe County, Tennessee, to learn whether they issued “Presentments”. He enquired and the answer was a resounding “YES”. After researching Tennessee Code, the Commander contacted the Monroe County Grand Jury Foreman, Gary Pettway, but reached his Clerk, a Ms. Ezell instead. Ms. Ezell explained to the Commander the Grand Jury paperwork he needed to fill out and instructed him on the mechanics of the jury process. The Commander, following Ms. Ezell’s instructions to the “T”, filled out the necessary paperwork, authored his Complaint and hand delivered said documents on 27 August 2009 to Clerk’s Mosher and Ezell.
The Commander’s first Monroe Grand Jury scheduled appearance was on September 3, 2009.
The Commander arrived at the Monroe County Courthouse forty-minutes prior to his scheduled Grand Jury hearing. He waited. And waited until finally he was summoned by Foreman Pettway to the Court Clerk’s office upstairs. Here he encounters for the first time Assistant District Attorney Stutts. It was apparent from the start that Stutts was going to take an adversarial and aggressive posture toward the Commander. Stutts demanded to know why the Commander filed the Complaint of Treason at the Courthouse, and the Commander provided him with U.S. District Judge Lamberth’s ‘Order’ Denying his Complaint to be heard by his court and that the appropriate venue was his local Grand Jury. Shortly thereafter, the Commander was led into the Jury Room to provide testimony in support of the Complaint of Treason.
The 13 Member Grand Jury the Commander was led to believe he’d be testifying before, by Ms Ezell, was reduced to three Members of the Jury and Foreman, Pettway. This Grand Jury Panel of Four serves Monroe County as a kind of “gatekeeper”. Some have described it as a “screening” process. This is certainly not the first time they instituted said process.
Throughout the 90 minute screening process, Foreman Pettway bounced back and forth between the Clerk’s office and the Foreman’s podium distracting the Jury and Commander. Who was he playing hide-n-seek with? Assistant DA Stutts? Turns out, HE WAS in the Clerk’s office hiding behind the door instructing Foreman Pettway on what to do next. After the third interruption, Stutts apparently hands Foreman Pettway a green binder and insists he read aloud a particular section of Tennessee State Code (which I do not have at this time) which he did. The Code cited the Monroe County Grand Jury did not have authority to hear the Commander’s Complaint of Treason because, get this, the Grand Jury has no authority over federal law. Following the reading aloud of this code citation the Commander was dismissed. Shortly thereafter, Assistant DA Stutts is “found” and proceeds to meet behind closed doors with the “screeners” and Foreman Pettway.
A few days later, the Commander receives the Grand Jury’s decision in the form of a letter alerting him they were not going to proceed with the Complaint of Treason against Barack Hussein Obama b/c their Grand Jury was not allowed or permitted to intervene or interfere w/federal law. As Gomer would say, “Surprise, Surprise, Surprise.”
This is Helen talking here –
Indulge me for a minute, but here is a possible scenario worth considering. Imagine this sleepy little town in Madisonville, Tennessee, Monroe Counties seat of government, a retired Naval Commander walks into your Courthouse and says something like “I am Commander Fitzpatrick and am here to offer testimony before the Grand Jury on behalf of my Complaint of Treason Against Barack Hussein Obama.”
Stay with me here. Now, if you’re the Commander and you are leveling such a complaint, wouldn’t you think it would be in your best interest to prepare a pre trial packet with supporting documentation, BEFORE HAND, and as a courtesy and drop the materials off at least a week ahead of time to give the Grand Jury Foreman the time to review and benefit from such a briefing? Well, the Commander did precisely this. He put together a complete binder documenting each item in the Complaint.
BUT, what if you’re a 20 year part-time ‘professional’ Grand Jury Foreman in this sleepy little holler and you’re known as a kind of laid back fellow by nature. Due to this easy going swag, the Foreman fails to review the materials in the binder, and was therefore, totally caught off guard to hear the Commander state his Complaint of Treason aloud OR Foreman Pettway was told but forgot. Ooopsey! Either way, the first time Assistant DA Stutts learned about it was on the afternoon of 03 September 2009 when the Commander appeared before the Monroe County “screening” Grand Jury. That man went into “scramble” mode immediately.
Think about this. What IF the ENTIRE MONROE COUNTY JUDICIAL BRANCH learned for the first time that a Complaint for Treason was filed by a citizen residing in their jurisdiction at the precise moment the Commander introduced himself to the County Clerks on 03 September 2009. OMG. I could not begin to imagine the paranoia that was triggered; especially given all we are learning , for example, illegal appointments of Grand Jury members. Geesh. I think these folks freaked out – what to do? what to do?
Now, these two men’s odd behavior, Assistant DA Stutts and Foreman Pettway, on 03 September 2009, was communicated immediately toward the Commander, which tells me these two overseer’s of the Grand Jury were completely caught off guard. Pettways behavior demonstrates he did not review the materials in the binder nor had he looked at the afternoon’s docket of the scheduled complaints. Stutts’ behavior, hiding in the Clerk’s office, tells me he was on a serious fishing trip…whatever he could find he was going to use, no matter what, because he knew the Grand Jury “screening committee” would buy it. No worries. No problems. And they did. Hook, line and sinker mind you.
I’m feeling, let’s say 70 percent confident, that this was the first really BIG crime mistake these two men made, and from then on, the cover up of their first and then second, third, fourth or even fifth violation, they knew they were intentionally breaking the law. Since then, they’ve been in cover-up mode. Hunker down and protect each other. Little do they know they can’t.
So, that’s Helen surmising, but what we do know is -
The 12 month cover-up circus began and it continued throughout the fall of 2009 and on into the Winter of 2010. As the Commander fought for his first and fifth amendment rights the leadership of Monroe County’s judiciary went into overdrive and intentionally and deliberately began to obstruct and oppress the Commander’s rights.
Looking ahead, the Commander finds solace knowing an entirely new Grand Jury was to be seated January 2010, which also means a NEW GRAND JURY FOREMAN, but no such luck.
Apparently, only the Commander knows how to read and process the meaning behind Tennessee Code 22-2-314. Limitation on jury service -
“A juror who has completed a jury service term [12 months] shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service: however, the county legislative body of any county, may, by majority vote, extend the twenty-four month period.”
The Judges surely don’t!
To date, NO such record exists that the county legislative body extended Pettway’s service, so how could his re appointment be lawful? It can’t. Neither one of the Judge’s wield such authority. Why? Because the Commander learn’s Foreman Pettway has served as the Monroe County Grand Jury Foreman FOR AT LEAST THE LAST 20 YEARS! According to Monroe County Clerk records his first appointment was 4 January 1990. That’s why! And DA Stutts, Judge Ross and Judge Reedy know it! There are reports that he has actually served a staggering 27 years as Foreman, but cannot be confirmed as of this writing.
Folks, plain and simple, Foreman Pettway is knowingly and with malice breaking the law AND the Monroe County Judiciary is knowingly aiding and abetting his unlawful service. Such obstruction by the Court is known as Jury Tampering and Jury Rigging. No matter, pure and simple his 20 year employment as a ‘professional’ Grand Jury Foreman is AGAINST TENNESSEE LAW! There is no way to rationalize or logically argue the legality of this appointment.
Since at least, 2000, and possibly dating back further, every single Presentment and/or Indictment handed down by the Monroe County Grand Jury signed by Pettway as Foreman, may very well serve as grounds for every single one of those cases to be appealed. Wow! Every single one of them. Let’s not even broach claims for damages. That’s an entirely different wicket to deal with.
Now you know why the Commander’s reputation has been trashed by the media. Always remember, the man’s motto is “Dauntless, Unafraid and in Defiance ” and more importantly, he took an Oath which meant something to him, thank God. Only to learn that the very people he fought to protect are now obstructing his rights to redress. Talk about a betrayal! One doesn’t swear to an oath and knowingly put his life, and the men/women under his command’s life, on the line everyday to be treated with such disregard. Sadly though, the Monroe County Court’s hubris knows no bounds. Rather than accepting responsibility and coming clean, the system just keeps piling it on believing either they will win or the mess will all just “magically” disappear. Honestly, they have no idea who the Commander is and have totally underestimated him and his fighting spirit to do what is right.
At last, the Commander’s buttons were pushed one too many times. On 7 January 2010 the ILLEGAL Foreman Pettway announces the Commander’s allegations were dismissed in total and the newly seated Grand Jury would not entertain reviewing new ones. Ah geez. Really dumb mistake. Really dumb.
Because now you’ve gone and really pissed off the Commander.
Between January and April 2010, the Commander’s energy kicks into high gear and arranges meetings to discuss this growing situation with every known federal and state authority he could think of. Several public safety officers simply ignored his request for a meeting. He met with the Sheriff to map out an arrest plan, but when the Commander followed up with him to confirm the details, he never received a returned call.
What is a citizen to do? Give up? Hell NO! This is when you refuel and go at the wall with even more gusto!
Therefore, on 01 April 2010, an undeterred Commander Fitzpatrick arrives at the Monroe County Courthouse, walks upstairs to the County Clerk’s office and proceeds to file a CITIZENS ARREST WARRANT and AFFIDAVITS OF CRIMINAL COMPLAINT against all of those who have and continue to obstruct and oppress his first and fifth amendment protections.
You want to hear how it all came down, then Click here to listen to a short audio recording of what happened next.
And then here to watch Commander Fitzpatrick being arrested or whatever it is called by Monroe County public safety authorities. Listen closely near the end. Did you catch it?
Yep, did you hear Miranda Rights being read aloud to the Commander? Did you see a riot? How about resisting arrest – and don’t tell me that the man’s movement of his right arm to get it situated for the cuffs was resisting a thing. How about disorderly conduct? Yep, that’s what I thought…NO, NO and NO!
So, NO riot, NO resisting arrest and NO disorderly conduct were observed. Yet FIVE DAYS after sitting in lockup at the Monroe County Jail, these were three out of the four charges they finally stated, BUT have yet to produce an Arrest Report signed by the accuser! Imagine sitting in jail not having been read your Miranda Rights, not knowing what you are being accussed of NOR by whom for FIVE DAYS! What do you do? Well, you go on a hunger strike, that’s what you do, and that is precisely what the Commander did. It took this smalltown court FIVE DAYS to figure out what in the hell to charge him with. FIVE DAYS!!!
Remember, to date, all the Commander has done is exercise his protections afforded him under the very Constitution he swore under oath to protect.
And to date, the Commander has now been charged with inciting a riot; 2) resisting arrest; 3) disturbing a public meeting; 4) disorderly conduct; 5) retaliation of past action, and; 6) Civil Rights Intimidation. To learn about the latter TWO NEW charges, click on Part II Operation American Freedom to learn more.
Folks, is this honestly alright with you? More and more of the protections we inherited as Natural Born American Citizen’s no longer exist! These federal corporatist’s just remove them at their whim. It feels like an “I Dream of Jeannie” episode where all one does is wriggle their nose. Yet We the People are NEVER consulted nor asked to cast such votes for Constitutional changes at the ballot box! Who do these people think they are? No where in the United States Constitution does it give such power to anyone in the federal corporation! No Where!
So, how do WE THE PEOPLE solidify, once and for all, our precious protections guaranteed to all ”legal citizens” of the United States Constitution?
First, WE MUST start with educating our neighbors, friends and co-workers. Feel free to forward any part of this series to those in your address books. Feel free to contact The Jag Hunter or Citizen Tsunami or me at email@example.com to get more direction OR to discuss various ideas to get folks engaged in this effort.
Lastly, send this series to every Tennesseean you know including the entire Tennessee legislature. Let them know you as an American citizen are ashamed or embarrassed by them and their utter lack of leadership regarding this rather ugly matter. Let the Tennessee Governor, Lt. Governor and Attorney General know that you stand PROUDLY shoulder-to-shoulder with Commander Fitzpatrick and his first amendment right to redress the federal government by honoring his fifth amendment right to an impartial hearing of his Complaint of Treason AGAINST Barack Obama by a randlomly selected “LEGAL” Grand Jury of his peers.
Former Sgt. Tim Harrington says “it’s time for citizen’s and servicemen come together to dig in! I couldn’t say it better so let’s DIG IN and go to work. There is more than enough to do!