Tuesday, February 27, 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 LEXIS 1968 at 4 (6th Cir. 1993)(unpublished).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

9 Comments:

Blogger Nameless said...

Here are the two key sentences of "THE LIE" that Judge McAuliffe states in the very beginning, verbatim, as follows"

How is the judge lying? He gave the same type of jury instructions that the Supreme Court ruled were appropriate in 1895.

"We are of opinion that the court below did not err in saying to the jury that they could not, consistently with the law arising from the evidence, find the defendants guilty of manslaughter, or of any offense less than the one charged; that if the defendants were not guilty of the offense charged, the duty of the jury was to return a verdict of not guilty. No instruction was given that questioned the right of the jury to determine whether the witnesses were to be believed or not, nor whether the defendant was guilty or not guilty of the offense charged. On the contrary, the court was careful to say that the jury were the exclusive judges of the facts, and that they were to determine-applying to the facts the principles of law announced by the court-whether the evidence established the guilt or innocence of the defendants of the charge set out in the indictment.

"The trial was thus conducted upon the theory that it was the duty of the court to expound the law, and that of the jury to apply the law as thus declared to the facts as ascertained by them. In this separation of the functions of court and jury is found the chief value, as well as safety, of the jury system. Those functions cannot be confounded or disregarded without endangering the stability of public justice, as well as the security of private and personal rights. SPARF v. U S, 156 U.S. 51 (1895)"

1:14 PM  
Blogger KOSMIC said...

In order to get a grand jury to here your complaints you will need an agency like the FBI or NH District Attorney to file charges in violation of title 18 or other crimes against constitutional rights.

1:44 PM  
Blogger MrTideman said...

The lie is by the "will" word of that the jury shall or must "apply the law as I give it". See The Juror's Handbook by James Joseph Duane, Assoc. Prof. at Regent Law School in Virginia Beach, VA over at www.fija.org/ that cites Chief Justice John Jay of that the jury is the best judge of the facts, and it is "presumed" that the judge is the best judge of the law, but that the jury has the "right" to judge both!! with some U.S. Dougherty 1971 case at 473 F2d 1113, 1139 that the jury can "disregard" the instructions, but shouldn't they not start out to be a lie in the first place?!

See also p. 10 of 22 about "The jury's role 'as a check on official power' is in fact 'its intended function' Batson v. Kentucky', 476 U.S. 79, 86-87, n.8 (1986)" To check, being "To examine for accurancy", to examine being to weigh, as also the synonym for the word deliberate, and so how can something be weighed if it's not put into evidence as an exhibit?

This is my argument to the PCC for a decision this Fri. March 2nd that for the prosecutor to withhold the copy of the certified copy that proves the Feds are without the jurisdiction by RSA 123:1 that Ed said in court, but that was not entered into evidence by both Fed. Rule 16 + State Rule 3.8(d), then a Mis-trial must be declared.

1:54 PM  
Blogger KOSMIC said...

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2:01 PM  
Blogger KOSMIC said...

Criminal.Division@usdoj.gov


Public Integrity Section



The Public Integrity Section oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also monitors the investigation and prosecution of election and conflict of interest crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advice and expertise to other prosecutors and investigators. Since 1978, the Section has supervised the administration of the Independent Counsel provisions of the Ethics in Government Act.

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For official business with the Department of Justice, Criminal Division, write to:
Department of Justice
Criminal Division
950 Pennsylvania Ave.
Washington, D.C. 20530-0001

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Clearly none of believe any of this information will help Ed Brown or anyone else. However, If you don't try then you give up all hope of any further due process. I suggest everyone reading these blogs should do their part by writing and making complaints. The more the better. Save your letters and replies so we can post them here.

2:10 PM  
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2:16 PM  
Blogger Nameless said...

Today's caller from Ohio on the RBN show made quite a spectacle of himself. The Golub Company website lists the following

Personnel:

Eugene Golub, Chairman
Lee Golub, Executive Vice President

2:34 PM  
Blogger AFTF said...

Don:

More homework needed before putting big Golub-foot in mouth.

3:04 PM  
Blogger Nameless said...

Golub sounds like a pretty cool guy:

http://chicagorealtor.car-realtor.com/DispArticle.cfm?ARTICLE_ID=2099

He's even written a fictional book called Protokol.

From Amazon:

"Book Description

A political assassination in St. Petersburg, Russia, on the eve of that country's most important presidential election triggers a chain of events that threatens to destroy the delicate balance of world power unless Chicago businessman David Olen can act. Olen, must unravel the consequences of his past Machiavellian pacts and stay alive long enough to redeem himself. Protokol is the secret history of the Cold War, a provocative thriller that challenges every assumption of how the men controlling nations grasped power."

3:41 PM  

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