|View single post by Joe Kelley|
|Posted: Sun Dec 16th, 2018 12:21 pm||
|"This is only a start – figure out more of his possible crimes, charge him, PROSECUTE him."
Yes, that is a start, but a good one. A problem involves the fact that the law power is an exclusive franchise by design. At the start of American government the people, not the separate and exclusive "government," had access to the law power.
The Conviction Factory by Roger Roots
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."
In order to have managed that shift of power from the people (republican government) to an exclusive class of government agents, those designing that take-over of democratic republicanism, turning it into socialism, or corporate capitalism, had to take over the work of private prosecutors, county sheriffs, county magistrates (justices of the peace), members of independent grand juries, and trial juries.
This is not news, the same process works the same way in principle, no matter which century, or which continent the take-over is executed. The people are step by brutal step disenfranchised. The solution is as stated:
"This is only a start – figure out more of his possible crimes, charge him, PROSECUTE him."
That is the peaceful solution, the solution that avoids violence on a scale that no sane person can condone, let alone pay for with their lives and fortunes while the peaceful solution is still right there on the law books.
If the criminals took over private prosecutors, then the people have to retake that power back, the same goes for the sheriffs, the justices of the peace, the members of independent grand juries, and the jurors selected for trial juries by lot in trial by the country.
When Americans were aggressively attacked by the criminal British government there were attempts made to keep the peace through common law remedies, proving beyond doubt that the people in America are capable of democratically governing ourselves by forming republics, not forming oligarchies, monarchies, or corporate fictions. The most useful documented proof of that fact is the Declaration of Independence of 1776, a common law document, a solemn recognition of mixed war.
What is missing from American education services are all those other attempts to keep the peace through common law remedies, attempts made by the people to offer justice, truth, accurate accountability, instead of open terror and violence.
People, each one, in turn, learning their own power to hold those abusing government power to account, through tried and true means, constitutes the peaceful solution to this problem expressed in this example.
People in each county, once the truth of common law remedies is firmly understood by each, insist upon lawful sheriffs, lawful private prosecutors, lawful independent grand jurors, and once that power is greater than the existing criminal forms of JUST US in each county, then the people move ever closer to a trial date, with a defendant on trial, and then trial transcripts for all to see, including other criminals in government, what the people will do peacefully to remedy the problem when criminals take-over our government: use the true law as it was designed to be used in principle.
So far sent but not published.