Friday, July 4, 2008

The Trial by Common Law Jury

The Trial of George W. Bush


Murder, Treason and other crimes.

To be convened in your local area

After many years of waiting for someone, anyone to do the right thing and hold George W. Bush and his cronies accountable, Dennis Kucinich filed impeachment. As we all know, it is unlikely that anything will come of it, unfortunately. Impeachment removes the individual from office but coming now there is no likelihood that Bush will be gone soon enough to matter - or that he will be punished as he deserves.

Few now doubt that Bush and his cronies are guilty of crimes we once thought impossible for any American.

Over and over we have been confronted with the unpalatable truth that the present justice system is broken. Even more frightening, the other checks on unbridled power are also gone. The election system is broken and the federal government has invaded the powers still vested in states through confiscatory taxation and unfunded mandates.

What we thought of as the Federal government has turned out to be something very different. The Municipal Corporation of the District of Columbia, that is the real name to which we must accustom ourselves. It is the former Nazi regime on steroids, run by the descendants of the same people but without effective opposition from the outside. The candidates lined up to replace Bush are like vanilla and chocolate retreads, judging from what they say. None of them will promise to stop the War in Iraq; none has a history of keeping promises anyway.

So what are an oppressed people to do? They do it themselves. The good news is that we have the tools to do it and make it stick. The better news is that, having done that, we can reclaim our country. It may seem impossible, but it can be done.

The only law that the Founders deemed necessary was the common law. To that they added the Constitution. Those are our tools. There was a time when all children understood the process of common law. They grew up watching their parents and other adults participate. They accepted that a free people govern themselves and are perfectly capable of running their own courts.

Growing up on TV dramas about impeccably honorable judges, attorneys who put their clients before profit, and other myths we have forgotten. But we can relearn. The first thing to be understood is what the term, “law,” means. Law is the common law used along with the Constitution. What law is not is the immense volume of paper churned out every year by legislatures across the country, especially Congress. Those weighty piles of paper are statute and code. The Common Law and the Constitution are always superior. So why do legislators pass so much of that stuff? Being a legislator pays well. And to keep their jobs they need to produce statutes that will benefit their employers. That is not you. To avoid the guessing games we will flat out tell you that greedy and unethical people are very willing to lie, cheat and steal their way to immense wealth. You need go no further than to recollect your experiences on the playground to see why.

Those who, lacking creativity and intelligence, know they cannot honestly get what they want are the most likely to lie, cheat and steal. That is why people like Bill & Hillary Clinton, George Bush, John McCain, and Barack Obama go into politics in the first place.

You probably thought that the court house in your community and on up to appellate and district levels is pretty much the same as those the Founders had in mind. That is entirely wrong. A bait and switch was carried out in 1933. America transitioned from reliance on the Constitution and common law to the present system of admiralty and equity law courts because of a short chain of events. Here is how it went. (see the definitions)

The Constitution was passed through the acceptance of a compromise that violated the mission statement that founded America. That was the affirmation set out in the Declaration of Independence that all of us are born possessed of inherent rights to life, liberty and happiness. Ignoring the rights of woman and blacks has exacted a cost from us now living and generations now gone.

By so doing the Founders tolerated the use of statute to assert control of people in ways that violated those same inherent rights. This tragedy brought on the War between the States which was fought not over slavery but over the right of the federal government to tax.

You cannot be a little bit pregnant or a little bit free. The door had been opened so that those whose eyes were alive with avarice could come in. Through our monetary system they intended to rule us and finally, they succeeded.

In 1913 several bills were introduced to Congress and passed during the Christmas break. One of these was the 16th Amendment, allowing American money to be given into the control of a private bank owned and operated as the Federal Reserve Bank. Woodrow Wilson went along with this and promoted it because the individuals who gained ownership funded his presidential campaign. He later regretted it but it was too late for him to change his mind.

The FED was thereafter allowed to issue America's money; the American taxpayer would pay interest on the money generated to the FED, which brought nothing to the table but rapacious smiles and grasping hands.

This realized a dream of gluttony and greed of monumental proportions and the long feeding frenzy was just beginning.

In 1929 banks intentionally brought on the conditions that caused the Great Depression. This caused rapid and monumental changes in ownership, from ordinary Americans to a small group of bankers and investors. People have to be desperate to allow their accustomed institutions to taken out of their control. The Great Depression destabilized the entire American economy, making those changes possible.

The thirties brought further changes, as government took over the work before carried out well and thriftily by fraternal orders. Social Security was taken whole cloth from the oldest fraternal order in the New World, the Redman, also known as the Sons of Liberty, the same organization who carried out the Boston Tea Party. Fraternal orders did not profit by providing security to their members; government did. The power of America has always been in the will of Americans to do right from within their own communities. That was stolen from us then.

The 1933 bankruptcy of America by foreign loan default to foreign banking interests also resulted in the conversion of common law courts, controlled by the people, to admiralty and equity courts. The Municipal Corporation of the District of Columbia had defaulted, opening the way for your life and property to be reclassified. To that corporation you are listed not as a person but as property. That happened when your parents happily and proudly filled out your birth certificate.

Until 1933 Americans understood the function of common law and their Constitution. Along with the loss of their right to own gold, passed on June 5, 1933 with House Joint Resolution 192, Americans lost control of their law and their lives.

But statute that violates the Constitution is void. Those in power who attempt to circumvent the Constitution using the color of law are traitors. If a Common Law Court issues a verdict of guilty the sheriff of that county has a Constitutional obligation to accept the duty to arrest the convict if he appears in the county. The right to form common law courts is inherent in the American Constitution; those in power have worked to disguise this but they cannot cancel those rights.

You can start your own local common law court. You can hold a trial of George Bush for high crimes. Here, we show you how to do just that. When you are finished you will understand the court system our Founders intended be used to keep America's freedoms firmly in the hands of the people. You will have taken the first step back from fascism and towards the America that remains the shining vision glimpsed first by those long dead revolutionaries and then by people from around the world. If we would be free we must do it ourselves.

Instructions for starting a local Common Law Court and putting on your Bush Trial.

  1. Your Bush Trial Package includes the gavel, order form for your seal and your Court Banner. Decide what you want to call your court, spell this carefully on either the website form or on the order form included with your Bush Trial Package. Don't forget to include your order number from the enclosed form.

  1. Hold your first meeting, elect your Common Law, pro temp judge; judge then appoints bailiff and clerk.

2. Your Quo Warranto or complaint. (See Quo Warranto Example)
This is your equivalent of a Grand Jury Indictment. This indictment, outlines the complaint against Bush, Focus on 911 or other issues. (see formal complaint sample on the enclosed CD) Make multiple copies as you will want these for all jurors and for the public. This can be done cheaply by sending out on email, posting to a webpage or blog, or copying to a CD.  URLs are available cheaply, but you might want to simply use a free blog, like this one, for instance.  

3. Building your Complaint In this package you will find the 35 charges made by Congressman Dennis Kucinich. You should relate this to individuals who will appear in court with specific complaints. An example of this would be someone who objects to funding the illegal war in Iraq through taxes extorted by the IRS. Other examples are legion. Fill out your complaint, pasting in and writing those specific to your own complaint. (see Complaint Example)
  1. Publish your intention (See Announcement Example) to establish a Common Law Court, with the jurisdiction, County and City, three times. This brings your Common Law Court into existence. You will not need to do this again.

After you do this send the following:

5. File Constructive Notice (See Constructive Notice Example) of the existence of a Common Law court in________________. This goes to the Secretary of State, State Supreme Court, local jurisdiction for the local county court, State Attorney General and the Governor. Save these names and addresses because you will use them again after the verdict is reached.

6. Find a place to conduct your Common Law Trial. Fix the date and time.
You can use a VFW Hall, an Elks Lodge, a church, a recreation room, or any other large enough facility. Make sure you reserve it for the date you need and for long enough to conduct the trial. This will take 2 – 3 hours on average but ensure you can extend this or adjourn and finish the process on a later occasion.

The Judge is pro temp until ratified by the empaneled jury. The judge then determines the Court Clerk and Court Bailiff. The Judge is elected month by month and so affirmed in office but does not sit in perpetuity. In need, the Clerk and Bailiff and Judge can serve on the jury. But you should have the full 12 for the jury.

7. Call for a Jury (See Call for a Jury Example)
Assemble your local jury. - News release to the local paper and radio stations.

Advertisement in the local newspaper; call people randomly. Pass out flyers someplace, grocery store, library, courthouse, college. On the flyer you use the name of the Common Law Court, its place for assembly and time and date. Include a phone number and email for further information.

8. Notice to Appear and Defend. See Notice to Appear and Defend Example) This is now known as a Summons, here we use the traditional Common Law term. Send this notice to George Bush. This can be done by certified mail, fax or email. You can also get someone to hand it to him. If there is no response try to get someone there to defend Bush. Send information to your local Republican Party and to local outlets for corporations he is assisting, local police, etc. Make copies of the complaint available to everyone. Post on your webpage.

  1. The Common Law Court Convenes. Time and Place for the Meeting.
To be prepared assemble a check list. (See Common Law Convening Check List Example) Also make sure you have the following ready. This may be available as people arrive ofrhanded out when the call for jurors takes place. (See Jury Form Example)
Your judge pro temp opens the meeting, gaveling it to order. A jury of the most reputable people attending is assembled.
The common law court pro temp judge names the purpose, “The purpose of this court is to hear and try the complaint against George Bush and associates brought by _________________,.“ Local complaining party is named as plaintiff.

  1. For the Public Record.
Ensure your trial is recorded for posterity. Use a recording machine, video, for the purpose of posting online later. Make sure your equipment is working and you have backup batteries and cassettes and necessary supplies.

11. Call for a party to conduct the defense. “It appears that the complaining party is in attendance but there is no one here to assist with the defense. Is anyone here who will defend on his behalf? The audience may answer.

  1. Common Law Court Judge announces that the parties are now identified and prepared to prosecute and defend. “Having identified the parties we will open by allowing the prosecution to open the proceedings by giving an outline of how he intends to prove the guilt of the accused.”
The Pro Temp Judge then says, “Anyone in the audience who is available to serve on the jury move to this part of the room.” A juror form can either be passed out now if it was not passed out when people were seating themselves as they arrived. . (See Jury Form Example)
(Decide where potential jurors will assemble. It could be the left side, signaling their willingness to serve.)
Defender, make the first choice, Prosecutor make second choice. Continue until the jury is filled. 12 jurors, strong and true. Assemble them. Prosecution looks closely at those chosen by the other side as does defendant. Jury challenges take place. Replacements are made, depending on who is available. Arrive at consensus from those available. The jury is placed as a special body.

And now those assembled will begin the process of securing justice unanimously.

13. Shall the Judge continue to serve? Ask the jurors if there is any objection to the present judge continuing in that role. The jury has the authority to remove the present judge and replace him or her from their own number or from the audience. The Common Law Judge could then function as a juror if absolutely necessary. It is an organic process. But the jury is the decision making body. After their decision the judge is no longer pro temp, naming the time of service of one to three months. The Jury votes in the manner they deem appropriate. This may be by show of hands.

  1. Common law court judge, affirmed or changed, opens by saying,

“Prosecution please step forward and read the accusation into the public record. Read the points you would like to start out with. Please hand a copy of the complaint to each juror.”

The Presiding Judge asks the Jury if they want to open with prayer. This is determined on a community by community basis by those attending.

The Judge thanks the Jury for their efficiency in empaneling themselves. The Judge functions as an external foreman for the process. He informs them of what will now take place.

  1. Common law Judge should turn all decisions over to the jurors; they are the decision making body. The jury polls itself to see if there is enough evidence for them to arrive at a verdict. The jury can come to a determination at any point during the proceedings. The Judge and Jurors should be sensitive to when this is happening. The jurors may and should ask questions at any point during the proceedings.

If the Jury is inclined to vote either Innocent or Guilty then the litigant they are considering ruling against has the right to confront the jurors, go face to face with them and question if their judgment is honorable and righteous.

16. You are seeking the conscience of the Community. (To the Jurors) Look at the issues in controversy and find an honorable decision. Jurors are encouraged to have open discussion with the defense and the prosecution. Individual jurors come to conclusions on their own through an individual process.

Question evidence, raise questions, no one else is in the decision making process but the jury. This is the strength of the process, tried through generations by juries from every part of society and location.

  1. Work to arrive at consensus. Take polls to ascertain how the process is proceeding. Consider all points of law and fact. Once consensus is achieved independently consider each count; weight it carefully. Each charge is polled separately and the verdict rendered.

  1. Final Judgment is composed into a formal Jury Verdict Document with a signature page that is signed by each juror and stamped and notarized by the Clerk of the Court.
Special Seal made for the particular common law court. (See Final Judgment example)

  1. The Clerk is now ready to affix the Court Seal to the Jury's Verdict. This goes on the first page or on the last page or on both. Definitely on the back page the Clerk signs in affirmation that this is indeed the seal. There is a space for the Judge to affirm that the Jury has followed the Constitutional due process of law in rendering this judgment.

The Jury may then move onto the issue of sentencing.
If the verdict is Innocent the accused is free to go.
If the Jury found the Accused Guilty then the Judge asks the Jury what sentence is appropriate. The Jury then opens the matter and through a process of consensus building arrives at a Sentence. In the Common Law process this is in the hands of the jury absolutely.

20. This is announced by the Judge. “This Jury has followed Constitutional “Due Process of Law” in rendering this verdict.” This wording also appears on the “Jury Verdict Document.” (See Jury Verdict Document Example)

21. Copies of the original are made and sent to those who received the original notice and especially to the County Sheriff for action and to the State Police. Jurors each receive a copy; one is kept by the Judge and one by the Clerk, who keeps the record for the Court.

22. The presiding judge says that the proceeding is concluded but asks for final remarks and comments. Before closing the Judge says,
“It appears that this case is concluded. Are there other cases to be brought before the court at this time?”

  1. Notes should be taken on other complaints that are sought to be brought before the court, help offered to others seeking to bring complaints.