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* *Autonomy of Grand Juries In Today's System Is A Myth

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  • jail4judges
    J.A.I.L. News Journal ____________________________________________________ Los Angeles, California May 11, 2002
    Message 1 of 1 , May 11, 2002
      J.A.I.L. News Journal
      Los Angeles, California                                           May 11, 2002
      Autonomy of Grand Juries In Today's System Is A Myth
      J.A.I.L. was sent excerpts from the 1982 petition dealing with the Federal Grand Jury in Utah investigating the Federal Reserve. It is quite enlightening of the truth about government control of the Federal Grand Jury and we felt that it should be shared with our readers. The same is true of County Grand Juries. They are used as a tool of the County Prosecutor. Grand Juries are not allowed to exercise their lawful autonomous authority. Things will be different with J.A.I.L. The statewide Special Grand Juries consisting of nongovernment members will be acting in their autonomous capacity without governmental interferenceIf you have further questions, contact FRANKKJV@....
      ----- Original Message -----
      Sent: Friday, May 10, 2002 12:18 AM

      ... It seems like Grand Juries are not what they are meant to be, instead they are now a tool for the prosection and DA. John, did you send Barbie the 1982 Utah fed grand jury petition where the foreman was also an attorney and how he proved that the Fed judge, the Fed attorney and the court cop intimidated the grand jury.

      Civil Petition Page 6



          WHEREAS certain information has come to my attention in the capacity as
      an attorney concerning certain questions and problems surrounding the
      relationship between the presently constituted United States Grand Jury and
      David Winder, Judge, and Brent Ward, Assistant United States Attorney,

          AND, WHEREAS, I feel a duty and obligation as a barrister and counsellor
      of the above-named court to diligently assist in maintaining the integrity of
      the legal profession (Canon 1, Code of Professional Responsibility), and
      assist the judiciary in the avoidance of the appearance of impropriety  
      (Canon 2, Code of Judicial Conduct), and to help improve the legal system and the administration of justice (Canon 4, Code of Judicial Conduct), and to be true to my oath to support the Constitution of the United States of America,


      Page 7

          I DO, THEREFORE, present this Petition to the court not in the form of a
      legal Complaint naming "causes of action" seeking damages or the like, but in
      the form of an informal and humble request, to politely and discretely bring
      this matter to the attention of the court that the questions may be answered
      and the problems solved quickly and with the least damage to the reputation
      and image of the court and all concerned.

          It is my belief that the following is, or may be, true and correct:

          1. The United States Grand Jury has, of its own volition, desired to
      investigate the Federal Reserve System to determine whether potential crimes or wrong doing has been perpetrated by persons connected therewith.

          2. This desire and intention has been brought to the attention of Mr.
      Brent Ward and Judge David Winder.

          3. Mr. Ward and Mr. Winder have made comments to the Grand Jury of a
      type which has had the effect, intended or otherwise, to disuade, discourage, or weaken the resolve of the Grand Jury to make this investigation, believing
      that they were doing something that might be viewed as  wrong , or improper, or in excess of their lawful authority, when, in actuality, such an
      investigation would not be wrong, or improper or in excess of their lawful

          4. The Grand Jury has believed, correctly or incorrectly, that Mr. Ward
      and Judge Winder were designedly thwarting, obstructing, and otherwise
      refusing to assist the Grand Jury in this investigation. Believing this, the
      Grand Jury has felt the need the meet and discuss this investigation without
      the presence of attorneys of the staff of Mr. Ward.


      Page 8

          5. Mr. Ward has not in any significant manner, it is believed, attempted
      to help, assist, or carry forward the intent of the Grand Jury in this
      investigation, but has given the appearance, the Grand Jury believes, of
      dragging his feet, discouraging the jurors, and giving no positive legal help
      which would allow the investigation to move forward.

          6. The Grand Jurors feel afraid of Mr. Ward and Judge Winder.

          7. The Grand Jurors feel intimidated because of the actions and comments
      of Mr.  Ward and Judge Winder.

          8. The Grand Jury does not feel fully informed as to its independent
      right to conduct an investigation without being limited and restrained by Mr.
      Ward, Judge Winder or other authorities.

          9. It is my understanding that it is improper for a judge an Assistant
      United States attorney to limit the scope of a Grand Jury investigation.
      (38 C.J.S. Grand Juries, Section 1, note 29)

         10. It is my understanding that the scope of a Grand Jury investigation
      is, and always has been, viewed as being very wide, "Its concern being of
      things rather than individuals..." (38 C.J.S. Grand Juries, Section 34, note
      82),  and that the Grand Jury is "...a particularly suitable body to
      investigate misconduct of public offices and public evils." (38 C.J.S. Grand
      Juries, Section 34b, note 16)

         11. If, accurately or inaccurately, Grand Jurors believe that its

      Page 9

      investigation of a perceived potential public evil is being thwarted and
      resisted by gentlemen who occupy high places in the legal process (i.e., a
      district court judge and an assistant U.S. attorney), particularly when other
      governmental bodies (such as the Washington and Arizona state legislatures) are, at the same time, questionning and calling for challenges to the same apparent public evil,  then the Grand Jurors and many others in society may come to feel,  fairly or unfairly,  that the system is corrupt, and that conspiracy exists to block the truth.

         12. This Grand Jury has but 3 to 4 months yet remaining to complete its
      investigation. The time is short. If the  court does not clarify this matter
      promptly, there may be very hard feelings and possible lawsuits thereafter,
      which could only tend to cause embarrassment to the legal system and a
      feeling of distrust for the processes of justice and the officers thereof.

         13. The Grand Jury has twice attempted to issue criminal indictments
      against the Federal Reserve system in a crude manner, caused, they believe,
      because of the lack of cooperation and assistance on the part of Mr. Ward and Judge Winder.  Whereas, if they had received the cooperation and proper instruction from these gentlemen, the investigation would have been conducted with propriety, with dispatch and thoroughness.

         14. The sanctity of the Grand Jury system under the Common Law and the
      Constitution is at stake.


      Page 10


          It is prayed that this Court take the following actions:

          1. That the court order an immediate hearing,  shortening any time for
      notice requirements, concerning this matter.

          2. That the court have in attendance at that hearing, Mr. Ward and Judge
      Winder, and the members of the Grand Jury.

          3. That the hearing be of record.

          4. That the court make diligent and open inquiry into the matter.

          5. That the court enter an order clarifying and construing the proper
      scope and powers of the Grand Jury to conduct investigation with respect to the Federal Reserve, with such additional comments, suggestions or orders
      directed to all concerned as to prevent any further acts of potential
      intimidation or "foot-dragging", and with provisions for protection of the
      Grand Jury should the problem appear to resurface again in the near future.


      *See Signature file (Signture.pcx; #10)
      Gary James Joslin,
      Attorney at Law
      7742 Mountain Estates Drive
      Salt Lake City, Utah 84121
      Phone: 943-2440

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