Friday, February 23, 2007

ED BROWN REFUSED TO PARTAKE IN A FEDERAL TRIAL WHEN THE COURTS USURPED THE POWERS OF THE JURY

This is the "Keep It Simple and Smart" (KISS) message that everyone needs to spread far and wide:

The courts, by using these pattern criminal instructions - see below - are violating our 6th Amendment Right of Due Process and a fair trial.

Here's the link to Judge McAuliffe's jury instructions. Here are the two key sentences of "THE LIE" that Judge McAuliffe states in the very beginning, verbatim, as follows:

"You are the sole exclusive judge of the facts."

"You are to apply the law as I give it to you from these instructions to the facts as you find them to be from the edvidence."

Here's the image of the actual jury instructions where Judge McAuliffe states this as follows:


Judge McAuliffe and the US District Courts, are violating our 6th Amendment Right of Due Process and a fair trial.

U.S. Constitution: Sixth Amendment
Sixth Amendment - Rights of Accused in Criminal Prosecutions

Amendment Text | Annotations

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Here's an example of the pattern criminal jury instructions Judge McAuliffe used to violate Ed and Elaine Brown's 6th Amendment Right of Due Process and a fair trial.

PATTERN CRIMINAL
JURY INSTRUCTIONS

_______________

Chapter 1.00

GENERAL PRINCIPLES

Committee Commentary 1.02

2005 Edition

The Committee made no change in the instruction.

A panel of the Sixth Circuit quoted paragraph (4) of this instruction and stated that it cured any confusing statements made by the district court during voir dire. United States v. Okeezie, 1993 WL 20997 at 4, 1993 U.S. App. LEXIS 1968 at 4 (6th Cir. 1993)(unpublished).


1991 Edition

The jurors have two main duties. First, they must determine from the evidence what the facts are. Second, they must take the law stated in the court's instructions, apply it to the facts and decide whether the facts prove the charge beyond a reasonable doubt. See Sparf v. United States, 156 U.S. 51, 102-107, 15 S.Ct. 273, 39 L.Ed. 343 (1895); Starr v. United States, 153 U.S. 614, 625, 14 S.Ct. 919, 923, 38 L.Ed. 841 (1894).

The jurors have the power to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts.
Horning v. District of Columbia, 254 U.S. 135, 138, 41 S.Ct. 53, 54, 65 L.Ed. 185 (1920).

But they should not be told by the court that they have this power.


United States v. Krzyske, 836 F.2d 1013, 1021 (6th Cir.), cert. denied, 488 U.S. 832, 109 S.Ct. 89, 102 L.Ed.2d 65 (1988); United States v. Avery, 717 F.2d 1020, 1027 (6th Cir.1983), cert. denied, 466 U.S. 905, 104 S.Ct. 1683, 80 L.Ed.2d 157 (1984); United States v. Burkhart, 501 F.2d 993, 996-997 (6th Cir.1974), cert. denied, 420 U.S. 946, 95 S.Ct. 1326, 43 L.Ed.2d 424 (1975).

They should instead be told that it is their duty to accept and apply the law as given to them by the court.
United States v. Avery, supra at 1027.

Here's an example of what can happen in a tax trial when even one juror knows the truth about the true power of the jury "to ignore the court's instructions and bring in a not guilty verdict contrary to the law and the facts."

Jury finds Whitey Harrell not guilty for not filing taxes



For more information about this Due Process "right" guaranteed under the 6th Ammendment please visit the Fully Informed Jury Association at this link.

Ed Brown of New Hampshire
With
Iloilo Marguerite Jones, Executive Director
of
Fully Informed Jury Association
Monday, February 19, 2007
note: recording starts 8 minutes into broadcast.
Listen here.


ED BROWN REFUSED TO PARTAKE IN A FEDERAL TRIAL WHEN THE COURTS USURPED THE POWERS OF THE JURY

10 Comments:

Blogger Joey Smith said...

How to have a cluttered Blog? Just repeat posting the same junk over and over and over.

9:10 AM  
Blogger CRAIG said...

Joey, you have been invited to go on the radio with Ed and Elaine and voice your opinions to the world. Either put up or shut up.

I for one think that everyone needs a daily reminder of the truth.

9:24 AM  
Blogger KOSMIC said...

http://web6.streamhoster.com
/vinyasi/stream/861_Evidence
/broadband/index.html

Movie few have seen. This is not the 861 theft by deception.

It is the 861 evidence Movie.
More about History than Taxes

10:21 AM  
Blogger FredMarshall1937 said...

The Secretary of the Treasury has never been delegated authority from Congress over the mainland US. The Treasury Delegation Order (TDO) of authority TDO 150-01, only applies to US Possessions outside of the US still operating under their own governments. There are no TDO’s of authority over the Mainland (Contiguous States).

If anyone doesn’t believe that, look up the definition of the word “PERSON” (preferably by a scholar in the English Language) in the IRS codes (Title 26).

C’mon, lurkers….an opportunity to “shine.”

10:27 AM  
Blogger Joey Smith said...

Why don't you interview Fred? Or maybe Fred and Ed talking theory with one another. That would be a hoot.

11:02 AM  
Blogger bulletinman said...

Joey,

You are a punk cease and desist from this blog. Why would you not want to go on the radio and debate your postion?

11:54 AM  
Blogger here2daygonetomorrow said...

joey smith said...
How to have a cluttered Blog? Just repeat posting the same junk over and over and over.

OR...
How to have cluttered comments on a blog? Just keep interjecting stupid comments with no basic in fact.

Question to little joey: Why are you so obsessed with a blog that you have no true interest in supporting? If you're that obsessed why not be interviewed like a grown up? Give us something that may change our position like FACTS.

12:01 PM  
Blogger KOSMIC said...

Witness Security Program
http://www.usmarshals.gov
/witsec/index.html


The Witness Security Program was authorized by the Organized Crime Control Act of 1970 and amended by the Comprehensive Crime Control Act of 1984. Since its inception, more than 7,500 witnesses and over 9,500 family members have entered the Program and have been protected, relocated and given new identities by the Marshals Service.

The successful operation of this program is widely recognized as providing a unique and valuable tool in the government's war against major criminal conspirators and organized crime. Since the program's inception, it has obtained an overall conviction rate of 89 as a result of protected witnesses' testimonies.

Final determination that a witness qualifies for Witness Security protection is made by the Attorney General. The decision is based on recommendations by U.S. Attorneys assigned to major federal cases throughout the nation. In a state court case, the determination is based on a request from a State Attorney General through the appropriate U.S. Attorney's office.

1:02 PM  
Blogger Joey Smith said...

What's to debate?

Issues are resolved by the COURTS, not by a bunch of yayhoos arguing in cyberspace or on the radio.

1:53 PM  
Blogger TruePatriot said...

To 'joey smith,' it's quasi pathetic that you scorn another's tribulations, with your base words. You purport to be a modern-day Benedict Arnold, towards fellow citizens, who are true to a cause. OR perhaps you're a mere agent of modern-day British rule, i.e., the monarchy- I mean tyranny!

I commend Elaine brown, for displaying the courage & integrity, in defiance of the despotic government's order to stay away from her husband.

It's tragic enough that a Kangaroo Court railroaded the Browns; but to also order that a wife remain separated from her beloved spouse- in the midst of such a harrowing crisis... how demented!

What ever happened to, "of the people, by the people & for people?" Oh yeah, that's right! This is the "dawn of the age of the New World Order that Bush Sr. mentioned on TV back in `91! It's AAALLL about the high jacked, corrupt, usurping, coercive, parasitic & malfeasant (I could go on & on &...) government!

Now we're all just chattel & the aforementioned, joey smith, is too blind to even see he's being herded. But then again, maybe he's one of the herder's minions...

2:03 PM  

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