Time: Sat May 18 09:24:48 1996
Date: Fri, 17 May 1996 20:56:11 -0700
To: jon.roland@the-spa.com (Jon Roland), libertylaw@www.ultimate.org
From: pmitch@primenet.com (Paul Andrew Mitchell)
Subject: Re: LLAW: Recommended References
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LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
Tom Clark, JOP, Presiding. Clerk & Bailiff: Majordomo@www.ulitmate.org
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>The following references should be available to participants in this group.
>Both are available from
>
>Clark Boardman Callaghan
>155 Pfingsten Road
>Deerfield, IL 60015
>800/323-1336
>
>They are a bit expensive for activists, but you should try to get your local
>law library to get them if they don't already have them.
>----------------------------------------------------------------------------
>Representation of Witnesses Before Federal Grand Juries, prepared by the
>Grand Jury Project of the National Lawyer's Guild, 1984, 2 vol. looseleaf,
>updated annually, product code RWF, $250.
>
>Grand Jury Law and Practice, Sara Sun Beale and William C Bryson, 1986, 2
>vol. looseleaf, updated annually, product code GJL, $230.
>----------------------------------------------------------------------------
>You might also want to get and read copies of the following article on the
>ways grand juries are used as an instrument of oppression:
>
>Michael E. Deutsch, The Improper Use of the Federal Grand Jury: An
>Instrument for the Internment of Political Activists, 75 J. Crim. L. &
>Criminology 1159 (1984).
>We might use runaway grand juries to oppress the oppressors. ;-)
>--Jon
I need immediate help with a client who has been ordered to appear
before a federal grand jury next Wednesday. What is the law with
respect to effective assistance of counsel? Can I (his counsel) be
compelled to stay out in the hall until he comes out to ask me
a question or two, or can we make a stand at the threshold of
the grand jury room, with the client refusing to enter without me?
There are several extenuating circumstances. The U.S. Attorney
who convened the grand jury has already intercepted registered
U.S. mail, restricted delivery, which we sent to the Grand Jury
Foreperson. The first mail was a written response to their
subpoena; the second was a formal request for investigation
into our allegation that the U.S. Attorney has committed mail
fraud, jury tampering, and obstruction of justice when he
intercepted our registered U.S. mail addressed to the Foreperson.
The U.S. is now saying we did not "appear" before the grand jury,
even though Black's Law Dictionary says you can appear via your
paperwork.
So, we have escalated by petitoning the District Court for a
Writ of Mandamus to compel the U.S. Attorney to deliver our
first letter and also our request for investigation to the Foreperson.
The request documents how the very same U.S. Attorney was
sanctioned almost $4,797 several years for repeatedly lying
to a U.S. District Court in Phoenix. It also documents how our
mail was intercepted, proof of which is found in the Return
Receipt which we received sans signature. There is, evidently,
no Standing Delivery Order signed by anybody. A postman
told me last week that it is mail fraud, pure and simple, for a
Judge or U.S. Attorney to intercept any mail, whether it is
registered or not, unless a Standing Delivery Order has been
properly executed.
The request also documents how the IRS and the U.S.
Attorneys have admitted their intent to destroy my client's
business (a small health food chain). We have found cases
which prevent the U.S. from enforcing tax collections if the
result is the destruction of a business, despite the Anti-Injunction
Act (which usually prevents injunctions against the collection
of federal taxes). So, all those cases were attached to an
Affidavit which I prepared to oppose a contempt hearing
which was had about a week ago. The judge has taken
the contempt citation under advisement; we await his
decision on the contempt.
We have also petitioned the same U.S. District Court for an order
to show cause why the U.S. Attorney should not be charged
with mail fraud, jury tampering, and obstruction of justice.
We have also asked for an OSC why the executive and
judicial branch can intercept mail without violating postal
laws. We would like to testify before the grand jury concerning
all these issues, but we want to set the stage a little better.
In the meantime, we served the Petition for OSC etc. on the
Grand Jury Foreperson, and the return receipts continue to
show signatures by the judge's secretary. So, we have
filed a FOIA with the Postmaster for certified copies of the
Standing Delivery Order, properly executed by the Grand
Jury Foreperson, authorizing others to sign for registered
mail on his behalf. I expect s/he has not executed one.
If anybody is interested, I can email you copies of the Petition
for Writ of Mandamus and OSC, with the Notice, draft Order
and draft Writ. I would just ATTACH the original files written
by MS-WORD for DOS, Version 5.0B. Most Windows products
can now translate this older format with ease (I prefer it because
the software is so fast and reliable). We can begin to setup
our network of FREED Agents. Some of the exhibits are already
available in electronic format, like the pleadings in the case of
People v. Boxer, a Petition to the California Supreme Court in
December of 1992 for a Writ of Mandamus to compel Senator
Barbara Boxer to witness the material evidence against the
ratification of the so-called 16th Amendment. Boxer fell
totally silent; California Supreme Court referred the matter
to the Appellate Court, which denied without explanation.
BIG HOT POTATO, that one.
Anyway, I'm rambling. Thanks for your interest. Am I off topic again?
The world seems to be accelerating, so things are just not coming
in any logical sequence any more. Oh, I long for a perfect world.
The King of Kings is holding it in the palm of His Hand, waiting to
release it.
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