VAN IRION FOR JUDGE
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Van Irion seeks 10th Criminal Court Judge position

Van Irion 1

10TH DISTRICT,  BRADLEY COUNTY NEWS, CRIMINAL COURT JUDGE SEEKS TENNESSE 10th JUDICIAL DISTRICT CRIMINAL COURT JUDGE POSITION!

(JAG HUNTER note: Counselor Irion is running for the position presently held by Judge Amy F. Armstrong Reedy!)

Quoted from The Bradley County News ~ December 27, 2013 at 8:37 AM (LINK)

Van Irion seeks 10th Criminal Court Judge position

Van Irion has announced his intent to run for the 10th Criminal Court Judge position.

This is most welcome news to the many hopeful in the area that have waited for this announcement with much anticipation and have a great fondness for Van Irion, pronounced “ear ee on.”

I am most pleased to announce that Van Irion is running for Criminal Court Judge in the 10th which spans four counties, Bradley, Polk, McMinn and Monroe.

I have spent many hours with Van and his family and can safely say he is the real deal.

I have seen him in lows as well as highs and he has always remained focused, diligent and head strong to complete the task at hand.

I have shared the National stage with him marching from DC, to Atlanta and to Lubbock Texas as a Lead Plaintiff in a class action lawsuit aimed to stop the dreaded rollout of nationalized healthcare.

We have shed tears of joy and and have also traveled the eastern US hemisphere, much of the 10th District and the 3rd Congressional District in pursuit of our goals. Gone door to door with him to countless homes spreading the message. I call Van Irion a close friend and can tell you there are few finer than him.

I have vetted him and he is a man of great integrity, honor and trustworthiness. He will make a fine Judge representing the 10th Criminal Court Judge division, he will do so impartially and with integrity.

Tell your friends, light up the social airways with this news, VAN IRION for 10th Criminal Court Judge.

Share and then share some more and on election day, get out and pull the lever for Van Irion.

A word from Van Irion:

Do not be unjust in judging — show neither partiality to the poor nor deference to the mighty, but with justice judge your neighbor.
Leviticus 19:15

Thank you for taking the time to consider my candidacy for the position of Criminal Court Judge for Tennessee’s 10th District.
I am deeply committed to the rule of law. As an experienced attorney I have always maintained a commitment to fairness for all participants. As Criminal Court Judge I will uphold the Tennessee and United States Constitutions fairly and impartially, treating all participants in the court process with dignity and respect.
With your support, I hope to serve all of you as Criminal Court Judge for the Tenth Judicial District of Tennessee.

I respectfully ask for your support and for your vote. In the meantime, if you have any questions or want to get more involved please contact me.

Sincerely,

Van Irion

Van Irions experience:

Van Irion is an experienced attorney, admitted to practice before the United States Supreme Court, the U.S. Patent and Trademark Office, the 6th Circuit Court of Appeals, the District Court for the Eastern District of Tennessee, and all State Courts in Tennessee. He has also served as an Adjunct Professor at the University of Tennessee School of Law, Transactions Attorney for the University of Tennessee Research Foundation, and Lead Counsel and Founder of Liberty Legal Foundation.

Prior to becoming an attorney Mr. Irion was a Medical Researcher at the University of California School of Medicine and then founded a biotech company.

Mr. Irion served in the US Air Force as an Air Traffic Controller at USAF Little Rock Air Force Base then continued to serve his community as a volunteer Firefighter and Emergency Medical Technician.

EXPERIENCE
• Federal and State Courts
As lead attorney Van has litigated jury trials and bench trials in both state and federal courts. Mr. Irion has litigated several cases to the United States Supreme Court. He has handled criminal and civil cases in Tennessee’s Family courts, Juvenile courts, Sessions courts, Circuit courts, Chancery courts, Criminal Court of Appeals and Civil Court of Appeals. He has also practiced before the Tennessee and Georgia State Supreme Courts, the 6th and 9th U.S. Circuit Courts of Appeals, and U.S. District Courts in Tennessee, Virginia, Texas, Arizona, and California. He has also handled arbitrations, mediations, bankruptcy challenges, and administrative court matters.
• Attorney for UT
For several years Van served as a transactions attorney for the University of Tennessee Research Foundation where he managed the University’s patent portfolio. Van drafted and executed intellectual property licensing agreements and negotiated multi-million dollar contracts for the University.
• Law Professor
Van taught the next generation of lawyers while serving as an Adjunct Professor at the University of Tennessee School of Law.
• Former Medical Researcher
Prior to becoming an attorney, Mr. Irion worked in the genetics and medical research fields both in the public and private sectors, including the University of California School of Medicine and University of Tennessee Research Foundation. He has co-authored several peer reviewed scientific research articles. (listed below).
• U.S. Military Veteran
Mr. Irion is proud to have served in the US Air Force as an Air Traffic Controller at the USAF, Little Rock Air Force Base.
• Volunteer Firefighter and EMT
For several years Mr. Irion served as a volunteer Firefighter and licensed Emergency Medical Technician (EMT).
• Former Congressional Candidate
In 2010 Van ran for Congress in the Republican primary for Tennessee’s 3rd Congressional District. During his campaign, Van was endorsed by Congressman Ron Paul. He was also endorsed by speech writers and other staff of the Reagan White House.
• Lead Counsel and Founder
For three years Van served as the Lead Counsel and Founder of Liberty Legal Foundation. The mission of Liberty Legal Foundation was to strengthen Constitutional protections against governmental abuses by challenging federal court precedents that had diminished the original intent of our Founding Fathers.

Education

University of the Pacific, McGeorge School of Law, Sacramento, CA
Juris Doctor, With Distinction, May 2005
Law Journal: The Transnational Lawyer
Dean’s Scholarship Recipient, 2002-2005
Dean’s Honor Roll, 2003, 2004 & 2005
Academic Achievement Award, 2004
Witkin Award – Top Class Ranking, Contracts, 2003
Witkin Award – Top Class Ranking, Biology, Law & Human Behavior, 2005
Witkin Award – Top Class Ranking, Community Property, 2005
Mock Trial Competition Finalist, 2003
University of California, Davis, California
Bachelor of Science, Biochemistry, 1995
Bar Admissions

State Bar of Tennessee
U.S. Supreme Court
U.S. Court of Appeals for the 6th Circuit
U.S. District Court, Eastern District of Tennessee
U.S. Patent & Trademark Office
Professional Associations
State Bar of Tennessee
Knoxville Bar Association
Selected Scientific Research Publications Authored or Co-

Authored by Mr. Irion
• Non-viral gene delivery to the ventricles in rat brain: Initial evidence for distribution and expression in the CNS; Hecker JG, Hall LL, Irion VR.; Mol Ther. 2001 Mar;3(3):375-84.
• Advances in self-limited gene expression of protective intracellular proteins in-vivo in rat brain; Irion VR, Hecker JG; Anesthesia & Analgesia, 1998:86.
• Self-limited gene expression in vitro in neuronal cell cultures and in vivo in rat brain using mRNA/cationic lipid complexes; Irion VR, Hecker JG; Anesthesia & Analgesia, 1997:84.
• The fidelity of human telomerase; Kreiter M, Irion V, Ward J, Morin G.; Nucleic Acids Symp Ser. 1995;(33):137-9.
• The effect of carrier RNA on transfection efficiency; Third Annual Artificial Self-Assembling Systems For Gene Delivery Conference, November 1996.
• œHsp70 and Reporter Enzyme Expression in Rat Brain after Non-viral Delivery of mRNA and DNA to Lateral Ventricles; Hecker JG, Hall LL, Irion VR.; Society for Neuroscience Meeting, New Orleans, November, 2000.
• mRNA cationic lipid transfected expression of firefly luciferase in mammalian cells is enhanced by addition of tRNA; Giles J, Irion VR, Hecker JG; Western Anesthesia Residents Conference, Seattle, WA, April 17, 1999.
• œEffect of cationic lipid ratio and carrier RNA on transfection efficiency; 3rd Annual Artificial Self-Assembling Systems for Gene Delivery Conference; Irion VR, Hecker JG; Cambridge Healthtech Institute, Newton Upper Falls, MA. November 17-18, 1996.
• Effects of electromagnetic fields on gene expression; Irion VR, Irion DN; Golden State Venture Capital Conference & Entrepreneur Expo, San Rafael, April 23-24, 2001.

Get out the vote!

Vote for Van Irion!!!

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READ ABOUT COUNSELOR IRION’S OPPONENT!


CLICK ON REEDY’S PICTURE ABOVE!

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More about Van (CLICK HERE! SCROLL DOWN!)

Counselor Van Irion: STOP THE COPS!

Friday, 5 October 2012


Man Dies in Police Raid on Wrong House!

2012-10-01

ABC News

By Vicki Brown 

A 61-year-old man was shot to death by police while his wife was handcuffed in another room during a drug raid on the wrong house.

Police admitted their mistake, saying faulty information from a drug informant contributed to the death of John Adams Wednesday night. They intended to raid the home next door.

The two officers, 25-year-old Kyle Shedran and 24-year-old Greg Day, were placed on administrative leave with pay

“They need to get rid of those men, these boys with toys,” said Adams’ 70-year-old widow, Loraine.

John Adams was watching television when his wife heard pounding on the door. Police claim they identified themselves and wore police jackets. Loraine Adams said she had no indication the men were police.

“I thought it was a home invasion. I said ‘Baby, get your gun!,” she said, sitting amid friends and relatives gathered at her home to cook and prepare for Sunday’s funeral. 

Resident Fired First

Police say her husband fired first with a sawed-off shotgun and they responded. He was shot at least three times and died later at Vanderbilt University Medical Center in Nashville.

Loraine Adams said she was handcuffed and thrown to her knees in another room when the shooting began.

“I said, ‘Y’all have got the wrong person, you’ve got the wrong place. What are you looking for?“‘

“We did the best surveillance we could do, and a mistake was made,” Lebanon Police Chief Billy Weeks said. “It’s a very severe mistake, a costly mistake. It makes us look at our own policies and procedures to make sure this never occurs again.” He said, however, the two policemen were not at fault.

The Tennessee Bureau of Investigation is investigating. NAACP officials said they are monitoring the case. Adams was black. The two policemen are white.

Family members did not consider race a factor and Weeks agreed, but said the shooting will be “a major setback” for police relations with the black community.

“We know that, we hope to do everything we can to heal it,” Weeks said.

Johnny Crudup, a local NAACP official, said the organization wanted to make sure and would investigate on its own.

Weeks said he has turned the search warrant and all other evidence over to the bureau of investigation and District Attorney General Tommy Thompson. A command officer must now review all search warrants.

 

Counselor Van Irion observes:

“This is what happens when there is no real determination on probable cause being performed by a neutral and detached and qualified authority. This is one of the many reasons Fitz’s case matters. This happened in our state, just a 150 miles from our homes. This could be us. If Fitz had defended himself, it would have been his funeral.”

In a separate writing Counselor Irion says:

“This is why Walter Fitzpatrick’s case matters so much. Just this week I had a Tennessee judge refuse to do anything about a blatantly invalid arrest warrant. A deputy court clerk that clearly had absolutely no idea what “probable cause” even means, had signed the probable cause determination in place of a judge. He admitted that the only thing he considered was that the cop had given him the warrant and had signed an affidavit that a crime had been committed. He didn’t even know what had to be shown to support the crime alleged. For purely procedural reasons, and because he didn’t want to be inconvenienced, the judge refused to let me question the clerk further. The judge then refused to let me argue that aspect of our case.

“Cops are writing their own warrants and taking them to low-level court employees with no training and no understanding of what they’re doing, and the warrants are being rubber-stamped with no review. This is happening SPECIFICALLY because the courts refuse to do anything about it, even when the most egregious examples are put right in front of them. The incident in Lebanon was inevitable. It will happen more. What’s worse is that that incident was probably just gross negligence. Imagine what happens when crooked cops realize how much power they have and how little oversight. If a crooked cop decides he doesn’t like you, he can raid you, your family, your friends, and anyone else he feels like harassing, and the courts will do NOTHING about it.

“I have friends in Lebanon Tennessee. It’s not far from us. This could happen anywhere, and it is a direct result of the courts refusing to do their duty.”

Van Irion

Co-Founder, Lead Counsel

LIBERTY LEGAL FOUNDATION

9040 Executive Park Drive, Suite 200

Knoxville, TN 37923

Phone/Fax: 423-208-9953

www.libertylegalfoundation.net

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Listen Up – We’re on the RadioSharon,
Liberty Legal Foundation is proud to announce the launch of a new radio show:Politics and Religion with Van Irion. Politics & Religion will air every Thursday morning at 10 A.M. on America’s Web Radio. You can listen live or download past shows athttp://www.radiosandysprings.com/showpages/politics-and-religion.php. Last Thursday’s pilot show is posted, so you canListen Online Now.
On the show I talk about the Constitution, history, the corruption of our courts, and what can be done to save America. I also answer questions e-mailed to LLF and read your comments. Please visit our web site at www.libertylegalfoundation.org to add a comment or ask a question and then tune in the for the answer.
I hope to educate and entertain while discussing the most important issues of the day.
For Liberty,
Van Irion, FounderLiberty Legal Foundation

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The Persecution of Walter Fitzpatrick

Please watch this video then visit http://www.fitzpatrickldf.org/

To donate by mail, make checks payable to “Liberty Legal Foundation” and mail to 9040 Executive Park Dr, Ste 200, Knoxville, TN 37923.

Donation Link for PayPal users.

 

SIDE BAR$22,800. That’s what the DNC’s attorneys are claiming it cost them to filed one motion in federal court.You already know that the federal court in Memphis has sanctioned Van Irion for filing LLF’s Obama eligibility challenge. The court ordered the DNC to determine how much it cost to file their motion to dismiss. Now the DNC has answered that question and is asking the federal court to fine Van $22,800. This amount is absurd, but then, the entire situation is absurd.
Last week LLF filed an appeal with the 6th Circuit Court of Appeals asking that court to reverse the district court’s sanctions. If the 6th Circuit Court follows well-established precedent on this matter, it will reverse the district court’s ruling. However, if any federal courts were following precedent or enforcing the law we wouldn’t have had to file our eligibility challenge in the first place.So, we need your help to continue this fight.
If you appreciate Liberty Legal Foundation fighting to restore our Constitutional Republic, please help us fight this injustice. We need your help now, more than ever. Please donate today.
Click on the illustration for Managing Editor Sharon Rondeau's full Post & Email report

Click on the illustration for Managing Editor Sharon Rondeau’s full Post & Email report

 

– The Post & Email – http://www.thepostemail.com 

Should Judge Blackwood Be Criminally Prosecuted?

Posted By Sharon Rondeau On Monday, June 30, 2014 @ 1:57 PM In National 

PETITIONING GOVERNMENT NOW A CRIME PUNISHABLE WITH PRISON TIME

by Sharon Rondeau

(Jun. 30, 2014) — 12:40 p.m. EDT – The petition launched at change.org on Sunday calling upon the Tennessee judiciary to cease and desist its illegal arrest, charging and conviction of innocent citizens for attempting to expose government corruption has garnered 55 signatures as of this writing.

The petition specifically demands that Senior Judge Jon Kerry Blackwood vacate the verdict of a jury from last Tuesday which convicted CDR Walter Francis Fitzpatrick, III (Ret.) of “aggravated perjury” and “extortion” after attempting to petition the McMinn County grand jury with evidence of crimes committed by the judges, prosecutors and grand jury foremen of Tennessee’s Tenth Judicial District.

One of the signers, Col. Harry Riley (Ret.), is founder of Operation American Spring (OAS) and has called upon numerous federal officials to resign their posts for violations of their oaths to the U.S. Constitution.  In a comment left under his signature on Monday, Riley stated:

Judicial illegal activity has become tyranny in the U.S. What is the matter with “we the people” in Tennessee?? These judges, prosecutors, jury foreman are criminals that should be prosecuted.

Since late 2009, Fitzpatrick has exposed systemic corruption in the Tennessee courts which has been borne out by many other victims and members of the Tennessee House of Representatives and Senate.  In Tennessee, no private citizen can bring evidence or a criminal complaint to the Tennessee Bureau of Investigation (TBI) or the U.S. attorney for the Eastern District of Tennessee, as The Post & Email has recently re-confirmed.

For decades, criminal court judges have been appointing grand jury foremen, who often exert undue influence on the grand jury, which affects whether or not they issue an indictment against an accused.  Last Tuesday, Fitzpatrick’s conviction was issued as a result of of a tainted grand jury which, in January, had been prejudiced by then-McMinn grand jury foreman Jeffrey Cunningham and then voted to indict Fitzpatrick in March.

Blackwood refused to consider that the grand jury’s indictment of Fitzpatrick was affected by Cunningham’s informing of them of Fitzpatrick’s “history” in January and the escorting of the grand jury members out of the courthouse after Fitzpatrick was asked to leave, giving them the impression that he was a dangerous person.

One grand jury said in sworn testimony in a pre-trial hearing in the Fitzpatrick case that she voted to indict because she herself felt “threatened” by Fitzpatrick based on what she had been told.

Blackwood upheld the indictments and the convictions.

Prosecutor A. Wayne Carter claimed that Fitzpatrick lied in petitions he attempted to submit to the grand jury over a period of months and which were blocked by Cunningham, but in sworn testimony last Monday, Cunningham stated that Fitzpatrick made no misstatements.

Fitzpatrick’s attorney, Van Irion, claimed that Fitzpatrick had exercised his constitutional right to petition his government for the redress of grievances under the First Amendment, “to do what the law plainly allows.”

During his closing argument at the trial, Carter objected to Fitzpatrick’s having worn his Navy uniform to the trial, although a congressional statute allows retirees to do so.

The Post & Email launched a second petition at whitehouse.gov here:

http://wh.gov/l6S38

urging that the FBI be tasked with launching a criminal investigation into public corruption in Tennessee, which has been ranked third in corruption in a recent research study.

Since at least 1980, Blackwood has participated in choosing grand jury foremen who have worked for years and sometimes decades in violation of Tennessee code.

The conviction of a citizen without a proper trial is called “attainder.”

Assaults on the First Amendment have increased under the Obama regime to include as targets veterans, homeschoolers, religious freedom groups, Second Amendment advocates, Tea Parties, traditional marriage and pro-life groups.

As a result of Tuesday’s verdict, in Tennessee and the nation as a whole, petitioning the government for redress is now a crime punishable by prison time.  How many are willing to live with that?

© 2014, The Post & Email. All rights reserved.


Article printed from The Post & Email: http://www.thepostemail.com

URL to article: http://www.thepostemail.com/2014/06/30/should-judge-blackwood-be-criminally-prosecuted/

A CHRISTIAN CITIZEN, EUGENE WITING’S PREAMBLE

“The Constitution of the United States is dead. 

“On June 24 2014 in Judge Kerry Blackwood’s court the Constitutional rights of Commander Walter Fitzpatrick were taken away.  His right to present to the Grand jury redress of grievances of massive government corruption was denied. 

“Please note that his rights under the Constitution are the same as yours and when Commander Fitzpatrick lost his rights so did you.   There will be a federal civil rights trial in the near future over this miscarriage of justice.

“Commander Fitzpatrick was found guilty with hearsay and lies on the part of the prosecutor Mr. Carter [Colonel, U.S. Army Retired] and [banker – attorney] Mr. Jeffry Cunningham.  There was  and never will be any proof of guilt.   Mr. Cunningham denied  Commander Fitzpatrick his right  ( and yours )  to present   to the Grand jury redress of grievances against the judicial side of  Government of McMinn County TN.  [Cunningham] also broke the law by not recusing himself when he knew what was in the presentment to the grand jury.

“The prosecutor Carter would not even honor Commander Fitzpatrick  by calling him Commander.   All you Vets beware you may be next if you have the courage of your convictions and keep your oath to our nations military  to stand for freedom. 

“Note there are more Americans in prison in the United States per capita than any country in the world.  Many of which do not deserve to be in prison put there by a rigged grand jury.  Some are guilty of “thinking “ about doing something.  Now the thought police are on the seen.

“Juries are so important that they can even nulify bad laws.  Did you know that?   The defense is banned to even bring that up in the court room.

“Shame on the judges, prosecutors and juries!”  

CLICK HERE!

 
THEN PASS THE WORD!

NOW, SHARON RONDEAU’S REPORT

 

– The Post & Email – http://www.thepostemail.com –

First Amendment Dead in Tennessee pb

Posted By Sharon Rondeau On Saturday, June 28, 2014 @ 4:37 PM In National |

WHAT DOES THAT MEAN FOR THE REST OF THE COUNTRY?

by Sharon Rondeau

(Jun. 28, 2014) — The same McMinn County, TN grand jury which was prejudiced by its foreman in January issued a presentment in March charging CDR Walter Francis Fitzpatrick, III (Ret.) with extortion, harassment, stalking, and aggravated perjury.

On Tuesday, Fitzpatrick was convicted on the counts of extortion and aggravated perjury but acquitted of harassment.  Judge Jon Kerry Blackwood, who was ordered to leave the bench in an unrelated case because of questions about his “impartiality,” dismissed the charge of “stalking” prior to the end of the trial.

On numerous occasions since late 2012, Fitzpatrick had attempted to submit evidence of crimes committed to the McMinn County grand jury in an exercise of his First Amendment right to “petition the Government for a redress of grievances.”

In Tennessee’s Tenth Judicial District, which includes McMinn, Polk, Bradley and Monroe Counties, the grand juries alternate months of service so that the January group skips February and is convened again in March, then in May.

In January, then-grand jury foreman Jeffrey Cunningham had “informed” the grand jury of Fitzpatrick’s “history” after Fitzpatrick attempted to submit evidence of misconduct on the part of public officials to include Cunningham, the criminal court judges, prosecutors, and local law enforcement.  Fitzpatrick had asked Cunningham to recuse himself from the matter since he was named in the complaint, in accordance with state law, a point which Fitzpatrick’s attorney, Van Irion, raised during the trial.

One of the grand jurors said she voted to indict Fitzpatrick because she felt “intimidated” by him after what Cunningham had told the group in the grand jury room.

Cunningham refused to remove himself from presenting any of Fitzpatrick’s petitions to the grand jury while he served as foreman, reportedly resigning on March 4 of this year.

In February, Cunningham threatened Fitzpatrick with arrest if he should make another effort to bring a submission to the grand jury.

Blackwood was not impartial in Fitzpatrick’s case, as he had refused Fitzpatrick’s request without a hearing for a subsequent restraining order against Cunningham.

At issue was the hand-selecting of the grand jury foreman by the criminal court judges, a practice dating back decades in Tennessee but which is found nowhere in state code.  The Tennessee Rules of Criminal Procedure mandate that the grand jury foreman, while chosen by the judge, “must possess all the qualifications of a juror.”  A person chosen without the same vetting process as those selected in accordance with state law may or may not possess those “qualifications.”

The Fifth Amendment in the Bill of Rights is the only place in our founding documents which mentions the grand jury.  One legal source notes it as a “protection against abuse of government authority.”  When the Constitution was under deliberation, a Bill of Rights was insisted upon by the anti-Federalists, who feared that a central government created by the states would overreach its constraints and usurp power from the people.

Since Cunningham admitted that Fitzpatrick’s claims were accurate during testimony, it is unknown how the conviction on “aggravated perjury” materialized.  In Tennessee law, “extortion” signifies an attempt to “coerce” someone to do something.

There must be a unanimous finding of guilt for a conviction.  A legal analysis of the provisions of the Sixth Amendment, which includes the right to a trial by a jury of one’s peers, states:

By the time the United States Constitution and the Bill of Rights were drafted and ratified, the institution of trial by jury was almost universally revered, so revered that its history had been traced back to Magna Carta. 42 The jury began in the form of a grand or presentment jury with the role of inquest and was started by Frankish conquerors to discover the King’s rights…

The guarantees of jury trial in the Federal and State Constitutions reflect a profound judgment about the way in which law should be enforced and justice administered. A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government. Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. The framers of the constitutions strove to create an independent judiciary but insisted upon further protection against arbitrary action. Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt overzealous prosecutor and against the compliant, biased, or eccentric judge. . . . [T]he jury trial provisions . . . reflect a fundamental decision about the exercise of official power–a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power . . . found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence.” 48

With the systemic corruption within the Tennessee courts as reported by The Post & Email over more than four years, it is difficult to know whether or not the jury was “impartial” in Fitzpatrick’s case.

The prosecutor, A. Wayne Carter, said that Fitzpatrick lied in his attempted grand jury submissions, but Cunningham said that Fitzpatrick’s statements were accurate.

Carter retired from the U.S. Army as a “full-bird” colonel and has asked that Fitzpatrick be sentenced as a “career criminal” with enhanced sentencing for attempting to exercise his constitutional rights to petition the grand jury.  Carter excoriated Fitzpatrick for wearing his Navy uniform by asking, “How dare he wear his uniform here?  How dare he?”

Title 10 U.S.C., Section 772 (c) permits the wearing of a military uniform by retirees.  Fitzpatrick served in the Navy for 24 years and was honorably discharged.

In his submission, Fitzpatrick had attempted to inform the grand jury that its then-foreman, Jeffrey Cunningham, was acting outside the law by failing to inform them that he was a court employee hand-selected by Judge Amy Reedy rather than empaneled from a randomly-chosen jury pool as state law requires.  No one objected when Irion stated in a pre-trial hearing that Cunningham was an employee of the Tenth Judicial District rather than an empaneled juror; however, during the trial, both Carter and Cunningham characterized his role as “a juror.”

Last fall, Tennessee Attorney General Robert E. Cooper’s office issued a brief to an appellate court which stated unequivocally that the grand jury foreman “is not impaneled” as the other grand jurors are.

In Monroe County, grand jury foreman Gary Pettway was described in an indictment against Fitzpatrick as “a juror.”

Cunningham was “selected” when Reedy called him “at home” one evening and asked him to serve as her “next grand jury foreman” for McMinn County beginning in 2012.

As the alleged victim of the crimes, Cunningham testified on the witness stand that the statements in Fitzpatrick’s criminal complaints were accurate.  Carter insisted that they were not.  Cunningham retracted his position as Fitzpatrick’s accuser at the pre-trial hearing, and no police report or sworn statement was produced.

How, then, did the jury reach its conclusions?

Innocent men and women have spent years, and sometimes decades, in state prisons in Tennessee because of corrupt judges.

During Fitzpatrick’s trial, a rally calling upon a raise in the minimum wage was held outside the courthouse.  With last week’s jury verdict – that petitioning the Government for a redress of grievances is a felony – such future rallies will no longer be possible under the First Amendment.

The Obama regime targeted Tea Party, Second Amendment, pro-life, Christian, traditional-marriage groups and even a U.S. senator beginning in 2010 in an effort to quell their freedom of speech guaranteed under the First Amendment.  Obama operatives have been actively involved in silencing anyone investigating Obama’s background, life story, birthplace, or the veracity of his statements.  At the time of this writing, at least one of the operatives is facing criminal indictment for some of the same “crimes” of which Fitzpatrick was accused.

Beginning approximately three weeks ago, Fox News, Fox News Radio, and The Washington Times began to openly discuss the issue about Obama’s eligibility, birthplace, and life narrative, ending a six-year media blackout on the subject.  Sheriff Joe Arpaio, who launched an investigation at an undisclosed time after his Cold Case Posse declared that Obama’s long-form birth certificate and Selective Service registration form were fraudulent, has told The Times that he is “honing in” on the creators of the forgeries.

Now, almost daily, new revelations of corruption, intimidation, possible blackmail and illegal leaking of confidential information on the part of the regime are made by internet and broadcast media.

On March 17, 2009, Fitzpatrick filed a criminal complaint of treason against Obama for being a “foreign born domestic enemy.” After filing it on the federal level, Fitzpatrick attempted to take it to the Monroe County grand jury, where he resided at the time.  It was then that he discovered that Tennessee grand jury foremen serve for years, and sometimes decades, at the pleasure of criminal court judges.

Five years ago, Fitzpatrick was a lone voice naming Obama in the commission of treason.  Today he is not.

Adm. James A. Lyons (Ret.), formerly Commander, Pacific Fleet while CDR Fitzpatrick served in the Pacific Fleet, has described Obama’s actions as “the agenda an enemy would devise.”  On June 23, Lyons wrote in an op-ed in The Washington Times:

…What’s happening to America’s standing in the world is not due to incompetence, as some have claimed. This is planned. We are witnessing the Obama administration’s embrace of the Muslim Brotherhood creed, which is to destroy America from within. Congress must be responsible to take back America. Nothing less is acceptable.

Numerous others have joined the chorus accusing Obama of treason against the United States of America.

Radio show host Carl Gallups, who is privy to some of the investigative findings of Arpaio and the Cold Case Posse, said on his “Freedom Friday” show last night that Obama comes from a “deep Sunni [Muslim] background.”  During the 2008 campaign, Obama claimed he was a committed Christian, but his actions have belied his words as he continues to arm Islamic radicals throughout the Middle East.

Gallups also asserted that “we know” that blackmail was used by the regime as an attempt at intimidation, although he did not elucidate further.

In January 2010, Fitzpatrick wrote of the corruption in the Tennessee courts:

Judges and prosecutors trashed our grand juries in favor manufacturing a dark, secret machine few know about or know how to operate. The state designed and manufactured the machine to take direct action against people the state criminally accuses.

The machine and its operation are necessarily cloaked and hidden in order to keep the machine running smoothing without outside interference. Secrecy further gives cover to government criminals self-absorbed in protecting themselves and government criminal cohorts operating similar machines throughout Tennessee State and throughout America.

In The Post & Email’s first report on Tennessee judicial corruption entitled “The Face of Treason,” Fitzpatrick described the criminality of a long-serving grand jury foreman as “breathtaking and beyond people’s ability to believe.”

At the Bundy Ranch in April, BLM agents retreated after a large group of people arrived to defend the Bundys’ property and right to graze their cattle on the land in dispute.  Of the entrenched judicial corruption in Tennessee, Fitzpatrick has said, “It’s going to take large numbers of people standing up.”

“But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever.” — John Adams

© 2014, The Post & Email. All rights reserved.


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Corrupt Federal Judges and Tennessee Officials Commit Obstruction of Justice, Go Unpunished

Posted By Sharon Rondeau On Sunday, December 29, 2013 @ 12:05 PM In National |

“THEY NEED THIS CONVICTION TO STAND”

by CDR Walter Francis Fitzpatrick, III (Ret.) and Post & Email Editor Sharon Rondeau 

(Dec. 29, 2013) — [Editor’s Note:  On Thursday, federal prisoner Darren Wesley Huff informed The Post & Email and others that an appeal in his case has been filed and will be heard on January 30, 2014, at the Sixth Circuit Court of Appeals in Cincinnati, OH.

The attorney who will be representing Huff is Gerald Gulley of Knoxville.

Huff was convicted in October 2011 of “transporting firearms across state lines with the intent to cause a civil disorder” after false reports were made to local authorities in Monroe County, TN that he planned to take over the courthouse” on April 20, 2010.

Initially, the trial jury produced a verdict of “not guilty” on one count and was hung on the second count, but Judge Thomas Varlan instructed them to “try again,” after which the jury pronounced Huff guilty on the one count.

An eyewitness, Bill Looman, who spent all of April 20, 2010 with Huff, provided a sworn affidavit affirming that Huff was not armed after he parked and exited his truck in Madisonville, TN.  Looman stated that because would-be observers arriving for the hearing for Walter Francis Fitzpatrick, III that day were barred from entering the courthouse, he and Huff went to a restaurant across the street to have breakfast. Looman maintained that Huff was not where the government claimed he was in order to effect the alleged “courthouse takeover.”

Looman and other eyewitnesses were not called to Huff’s trial, where Tennessee Tenth Judicial District officials perjured themselves, including Gary Pettway, who had served as grand jury foreman for 28 straight years under Judge Carroll Lee Ross.  Huff’s public defender, H. Scott Green, did not call Fitzpatrick, Looman or any other eyewitness in Huff’s defense even though Fitzpatrick was physically at the courthouse waiting to be called to testify.

Ross had orchestrated Fitzpatrick’s arrest after Fitzpatrick attempted a citizen’s arrest on Pettway on April 1, 2010 for over-serving his term as a juror according to Tennessee state code.  The April 20 hearing was an assignment hearing which Fitzpatrick understood would take only a few minutes.

Following the April 1 incident, Fitzpatrick was indicted by the Monroe County grand jury for having intimidated Gary Pettway, who was identified as “a juror.”  Fitzpatrick was also charged with riot, intimidating a juror, and disrupting a meeting.  In September of this year, the state of Tennessee clarified that the foreman of a Tennessee grand jury is not a juror, but rather, a court-appointed public employee.  However, the foreman routinely votes with the grand jurors as the 13th person, thereby infusing state influence into a process which is expected to be driven by citizens acting as a buffer between government and the people in accordance with the Fifth Amendment.

Tennessee state code requires that 13 randomly-selected individuals comprise a grand jury, not 12 plus a representative of the state’s interests.

Huff was also charged by the Monroe County with intimidating “a juror” for having video-taped the citizen’s arrest carried out by Fitzpatrick.  Now, the state of Tennessee maintains that Pettway was not a juror.

In Monroe County, Huff took a plea of “no contest” to the charges, but a federal case was brought against him based on a faulty FBI affidavit signed by Special Agent Mark Van Balen which stated that Huff and Fitzpatrick were armed and had planned to “take over” the Monroe County courthouse on April 20.  Van Balen cited unnamed “officials” upon whose statements he relied to produce the affidavit, which served as probable cause for Huff’s arrest and jailing by federal authorities.

Over the last two years, Fitzpatrick has gathered sworn and unsworn statements from eyewitnesses which say that no one in Madisonville was armed on April 20, 2010 and that no clashes with law enforcement were observed, despite the heavy presence of local police, FBI and TBI agents, a SWAT team, bomb-sniffing dogs and Tennessee Highway Patrolmen throughout the area.

Some who attended the hearing but were not allowed in to the courtroom reported being audited by the IRS afterward.  This past spring, the IRS admitted to having targeted groups perceived as politically opposed to the regime’s policies.  Within the last several weeks, two men who have voiced their objections to Obamacare and the fallout of insurance policies’ cancellation have reported that they are being audited by the IRS.

The Post & Email attempted to obtain documentation on the massive deployment of law enforcement on April 20, 2010 but was denied on several levels in which the government cited “privacy” concerns.  The Obama regime had promised “the toughest ethics rules and toughest transparency rules of any administration in history.”

Obama has not explained why the long-form birth certificate posted on the White House website on April 27, 2011 is a forgery.  On March 17, 2009, Fitzpatrick had filed a criminal complaint of treason against Obama, naming him as a foreign-born domestic enemy.  A criminal investigation has revealed that the image is a forgery, that Obama may be foreign-born and that it is likely that he was not born in Hawaii, as he claims.  According to lead investigator Mike Zullo, the fraudulent image was posted “with the intent to deceive.”

Mainstream media have consistently reported that Huff was pursuing a treason complaint or removal of office against Obama, which was false.  In a taped interview with The Post & Email in 2011, Huff stated, “That is not my issue.”

After Huff’s trial and just before sentencing in May 2012, Varlan was presented with evidence that several government officials’ testimony had been tainted, but that evidence was ignored.  In accordance with the Obama regime’s declaration that Second Amendment supporters are “militia extremists,” U.S. Attorney William C. Killian, an Obama appointee, “commended the verdict and said he hoped it would send a strong message to those who attempt to take the law into their own hands.”

William C. Killian - U.S. Attorney for Tennessee's Eastern District

William C. Killian – U.S. Attorney for Tennessee’s Eastern District

Killian continued, “Under our federal Constitution and statutes Mr. Huff and others like him can talk or write about their anti-government views. They cannot arm themselves and make threats to arrest public officials and takeover government buildings. The core of our democratic system is to allow peaceful protest, but prohibit armed threats to those who serve our government. His conviction is a great achievement by Assistant U.S. Attorneys Theodore and Mackie and several local, state and federal law enforcement agencies. Their cooperative efforts resulted in this conviction.”

Since Huff’s conviction, the corruption of public officials in the Tenth Judicial District of Tennessee has become public:

  • One of the officials named as a criminal by both Huff and Fitzpatrick is District Attorney General R. Steven Bebb, who is reported to under consideration to be removed from his post by the Tennessee General Assembly for professional misconduct and possible criminal behavior after the attorney general failed to find Bebb guilty of crimes.

  • Contrary to the indictments issued against Fitzpatrick and Huff, Pettway has been officially declared by Tennessee Assistant Attorney General for the Criminal Justice Division, Kyle Hixson, not to have ever been “a juror.”

  • Judge Carroll Ross is retiring after numerous incidents of misconduct have been exposed by Fitzpatrick, Huff, The Post & Email, and Appellate Judge Thomas M. Tipton, who reversed Ross’s convictions against George Raudenbush on the grounds that Ross denied him his constitutional right to counsel in 2011.

  • The grand juries which have issued indictments against the above defendants and all others over an unknown number of years have been illegally composed of 12 citizens, some of whom were not chosen randomly and served consecutive terms in violation of Tennessee state law.

  • Assistant District Attorney General Paul D. Rush, who prosecuted Fitzpatrick in the case now on appeal, has been cited for ethics violations by the Tennessee Board of Professional Responsibility after Rush specifically identified The Post & Email as lacking in “ethics” and “integrity.”

  • Fitzpatrick’s defense attorney, Van Irion of Knoxville, has just announced that he is running next year for Criminal Court Judge against Amy Armstrong Reedy, who Fitzpatrick named as a criminal for hand-picking jurors for the 2012 term in open court, a fact Irion presented during the appeals hearing for Fitzpatrick on November 20.

Since discovering massive corruption within the Monroe County grand jury in December 2009, Fitzpatrick has attempted to enlist the assistance of the Knoxville FBI, the TBI, local police, sheriff’s department, and district attorney general’s office, but all have proven either corrupt themselves or unwilling to open an investigation.

The McMinn County grand jury is similarly compromised, with a judge-appointed foreman who exerts influence over the 12 grand jurors but denies that he has engaged in obstruction of justice even when he himself is the subject of a criminal complaint.

Fitzpatrick has attempted to bring the exculpatory evidence relating to Huff’s case as well as the corruption of Tenth Judicial District officials to the federal grand juries sitting in Knoxville but has been blocked by Killian, Magistrate H. Bruce Guyton, and Varlan.  Here, Fitzpatrick explains how Guyton was compromised in his actions on Huff’s case and that grand juries at both the state and federal levels have become tools of the government, not of the people.]

Three years ago, I could have walked into a grand jury either at the state level or federal level and talked to some degree about the suspicions we had about the scope and operation of grand juries then, pointing directly at Mr. Pettway and saying “He’s been there for 28 years; there’s something wrong here.  I’m willing to work with you folks in the grand jury to get to the bottom of this.”  And you know what happened.

Almost three years ago, I tried to get in front of the federal grand jury directly.  We knew that that Darren had falsely set up, falsely accused, and falsely arrested.  There were two federal grand juries sitting at that time in Knoxville.  I contacted the jury coordinator, Helen Spears, who sent me a handbook on the federal grand juries.   I sent in a submission on March 16, and I sent a second on April 7.

Jury 1 16 Mar 2011

Jury 2 16 Mar 2011

Jury 1 7 Apr 2011

Jury 2 7 Apr 2011

Jury 1 8 Apr 2011

Jury 2 8 April 2011

These were mailed before I got Guyton’s letter.  These three mailings were blocked.  The 16 March mailing, which was a challenge to the grand juries, was returned unopened three weeks later.  In the meantime, I sent in two more:  the ones from the 7th of April and 8th of April.  Those were not returned; he kept those.

I sent copies of the other mailings to the U.S. attorney and to Richard Lambert, who was the special agent then in charge of the Knoxville FBI.

And the other submission crossed in them mail with his letter back to me saying, “You can’t petition the grand jury directly.  You have to go through me, the judge, the court; or you have to go through the U.S. attorney.  He wrote that in the letter citing the case of New Haven Grand Jury from 1985.

6 April 2011 H.Bruce Guyton ltr

What’s significant is that H. Bruce Guyton – and I didn’t know it at the time; I found out later – was the sitting judge in Darren’s case.  He was making rulings on Darren’s case from the bench.  Later on, I thought Guyton was going to be the trial judge, but it turned out to be Thomas Varlan.  Darren had issues with the court; he was filing submission to the court, and they were all going to H. Bruce Guyton.

Guyton was preventing me from getting information into the grand juries about Darren and which eventually was about Guyton and other people in the federal government to include U.S. Attorney William C. Killian and Richard L. Lambert from the FBI. As time passes, we have learned more about what happened on April 20, 2010, and I’m still collecting information from people who were in Madisonville that day.  It took me a couple of years, frankly.  So we’re still putting together a picture from witnesses as to what happened, but I had enough to start a process for the grand juries to take a look at what was going on in the Tenth Judicial District.  Guyton blocked me from doing that for no reason.  He said, “I’m not going to give you permission; I’m deferring to the U.S. Attorney.”

All these mailings went to Guyton, Lambert and William C. Killian, the U.S. attorney in Knoxville, and they probably just threw all of this information away. Other mailings I sent after that went directly to Killian, and I got nothing back from him.  In fact, the only letter I got from his office said, “Don’t send us anything else; it will be thrown away.”

14 JUNE 2013 WILLIAM C. KILLIAN letter

This has been the attitude of the federal government from day one.  As time has passed, you know how much information we have come into possession of regarding the Madisonville Hoax, who did what, the perjury at Darren’s trial, the revelation here that is just days old that the grand jury foreman is not a juror.  If we had known then what we know now, Darren would not be in a federal prison. One of the ways that we could have known back in the spring of 2011 is if a federal grand jury had picked this up and started asking questions of the people in the local community about “How is it that the law says that a juror can’t be in the jury for more than one term, but the foreman serves multiple terms?”  The grand jury could have started asking questions which the appellate court now has asked in my case since.  And the state has now come in and they’ve been forced into a position where they have to admit that the grand jury foreman is not a juror.

I believe that if Guyton had allowed me to go forward with what we knew then, the grand jury could have discovered this on their own before Darren’s case ever came to trial.  It wouldn’t have taken them long to start calling people into the federal jury room in Knoxville and start putting these people under oath and having people such as Gary Pettway explain under oath how he had been in that job for 28 years in a row.  But that didn’t happen, and the reason it didn’t happen was because of Bruce Guyton’s obstruction and that of the FBI and William C. Killian.

The reason we’re talking about this now is that I just learned that Darren Huff has a hearing on 30 January 2014, and we can’t seem to get any of this information into the court that is hearing the case.  We’re being obstructed in the same way that Bruce Guyton obstructed me almost three years ago.  One of the reasons they want Darren in prison is that they successfully prosecuted him for a “thought crime.”

An article written by Jamie Satterfield three years ago on Friday and updated three years yesterday discusses the rulings that H. Bruce Guyton handed down in the case of Darren Wesley Huff, and they went to whether or not he should be locked up or wear an ankle bracelet. Bruce Guyton is the guy who blocked me from getting in front of a grand jury and talking about the case over which he was presiding.

He didn’t know what I was going to bring to the grand jury, but after follow-on submissions to the U.S attorney, which I made and were not answered, I went to the FBI and met with Special Agent Roxane West for three hours.  I met with her, and nothing happened.

If nothing else, it’s important that we get this information out publicly.

Bruce Guyton could have been responsible for Darren’s being released.  There was a federal judge obstructing justice.

We had a lot back in the day, and the juries should have called me in, but they did not.

The Post & Email asked Fitzpatrick if he believes there is anyone else who could be approached with the information he tried to present to the federal grand juries, to which he responded:

Darren Huff has an eyewitness to his whereabouts all day long on April 20, 2010 who was not called to the stand in Darren’s defense.  Darren was set up by his own defense attorney.   I was there to testify on Darren’s behalf.  Nobody who could have squared away this jury would have been able to convict Darren, because he was not physically ever at the place where the FBI said he committed a crime that day.  If all we have is Bill Looman’s sworn statement, then we have all that we need to get Darren released.  We have so much more.

How do we get this in front of a judge for January 30?  That is a question I can’t answer.

In going back over this information, I’ve come up with this other fact that a federal judge, H. Bruce Guyton, obstructed Darren’s getting a fair hearing.  He could have prevented all of this from happening to Darren then.  That’s another dynamic here that the appeals judges need to know about:  that a federal judge has committed a crime.

Darren has been locked up as a political prisoner as we’ve said before.

We have this battery of information; it’s a lot, and it’s powerful.  We can prove that we knew enough back in the day to exonerate Darren and that we were physically obstructed by the FBI, the U.S. attorney’s office, and by a federal judge who was hearing Darren’s case at the time.  That’s pretty big.

We have it in writing that anything I might send to Killian is going to be thrown away.  So I tried to go to a state grand jury here about ten days ago to raise up the issue that way, and I was turned away again.  You remember my telling you about waiting hours to get in and then having McMinn County grand jury foreman Jeff Cunningham be the one who blocked me from getting in when he’s named in the complaint.

It reminds me of the Soviet Union, Nazi Germany…it’s the government that I was trained to fight against.  It is the government that all military personnel are trained to fight against.  When they taken an oath to the Constitution, this is the domestic enemy from within.  We’re seeing it firsthand.  I can’t make it any more plain to people that grand juries have been taken over by the government than to demonstrate to them what happened at the federal level which is the letter that says, “You can’t get in here by any means.”  The fact that Bruce Guyton obstructed this and it has never come to the fore to correct the mistake; we’ve tried to get in front of Thomas Varlan to get me in front of a grand jury; Varlan hasn’t cooperated.  And now you see where at the state level, the people are not able to critically think through what it is they’re supposed to be doing.  Frankly, I don’t know that they know what they’re supposed to be doing.  They see a guy like Cunningham and say, “Hey, Jeff, now what?”

That’s the problem we face.  We need juries that we can depend upon to stand up and to take back our government. Look at all of the efforts that have been made to get this information in front of a grand jury, and to have done that would have completely cleared Darren a long time.  It would have blocked Darren from ever being prosecuted in the first place.  This is all being done with purposeful intent.

This information was provided to Scott Green, who did not defend Darren.

The judge who was hearing Darren’s case blocked me from coming in to talk to the grand jury about the case.  Darren could have been exonerated.  It was as if Guyton was preventing Darren from defending himself.

If all we had was Bill Looman’s eyewitness testimony about Darren’s physical presence that day and the fact that Darren was not armed in Madisvonville, TN, that should have been enough.  Nobody who testified that Darren was there that day had to prove that he was there that day.  It was all cops who said that, and they committed perjury.  They also had Gary Pettway come in and commit perjury by representing himself as a “real grand jury foreman juror.”

Darren’s release is just the first of thousands of dominoes which start to fall when you take a look at the larger picture, and the federal government is doing everything it can do to block Darren from proving his innocence.  The people who are involved in the obstruction involves the federal judge who was hearing Darren’s case at the time, who had a conflict of interest in Darren’s case and was ruling on the case after the submissions were sent by me to Guyton, who was involved in this all the way up until Darren’s trial.

Guyton could have let me in.  Why didn’t he?  Killian could have let me in, and he didn’t.  It’s because they need this conviction to stand.

© 2013, The Post & Email. All rights reserved.


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Darren’s case is presently and singularly the most important case in United States history (CLICK HERE)!

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Tennessee Grand Juries Co-Opted by Government, Operating Illegally

Posted By Sharon Rondeau On Wednesday, December 18, 2013 @ 8:39 AM In National |

“THIS GOVERNMENT IS COMPLETELY OUT OF CONTROL”

by Sharon Rondeau

(Dec. 18, 2013) — On Tuesday, CDR Walter Francis Fitzpatrick, III (Ret.) went to the McMinn County, TN courthouse to submit a criminal complaint naming the grand jury foreman, court clerk, three Tenth Judicial District prosecutors and two criminal court judges as “illegally, individually and judicially selecting installing [sic] people into the grand juries,” thereby wielding undue influence in order to obtain specific outcomes.

Rhonda Cooley is the elected Circuit Court Clerk for McMinn County, and Atty. Jeffrey Cunningham, who is also a local bank official, is the appointed grand jury foreman.

Fitzpatrick had wished to explain to the grand jury that while the state attorney general’s office claims that the foreman is not a juror, but rather, a county employee, state law requires that the foreman must be a juror.  Criminal court rules posted on the website of the Tennessee Administrative Office of the Courts state that “the foreperson shall possess all the qualifications of a juror.”

TCA 40-12-206 mandates that juries comprise 13 jurors and as many as five alternates.  There is no mention in state code of a “foreman” who is injected into the grand jury or trial jury by the action of a judge, although the Tennessee Administrative Office of the Courts maintains that that process is legal.  Local media have reported that “the foreperson is appointed by the judge and doesn’t necessarily have to come from the jury pool.”

the foreperson is appointed by the judge and doesn’t necessarily have to come from the jury pool. – See more at: http://advocateanddemocrat.com/story/21576#sthash.XqNwo0ZV.dpuf

Although the criminal courts in Tennessee have contorted the laws and court rules to allow the judges to choose the grand jury foreman, who often serves for years or decades at the judge’s behest, the District Attorneys General Conference has officially stated that the foreman is to be chosen from among 13 eligible citizens of the county who are selected by automated means.

Earlier this year, the Tennessee Attorney General declined to criminally prosecute District Attorney General R. Steven Bebb, who is named in Fitzpatrick’s current and previous complaints, after allegedly performing an investigation following extensive reportage at The Post & Email and The Chattanooga Times Free Press of Bebb’s alleged misconduct and criminal activity.  The legislature, however, has taken action in an apparent attempt to remove Bebb from his post.

The Tennessee Supreme Court issued an opinion contending that a district attorney general “is answerable to no superior and has virtually unbridled discretion in determining whether to prosecute and for what offense.”  Historically, the Tennessee General Assembly and the judiciary have acted at odds with and in contradiction to one another.  The original 1796 Tennessee constitution contained no judicial branch, although the legislature later created one.  Current General Assembly members are aware of the corruption within the grand juries and criminal courts.

Fitzpatrick’s four-page criminal complaint, dated December 16, 2013, can be read in its entirety here:  17DEC2013 GJCRIMCOM

Monroe County, TN has misrepresented the grand jury foreman as a juror and based criminal charges against Fitzpatrick and Darren Wesley Huff upon that false statement.  On June 3, 2010, then-grand jury foreman Gary Pettway was described as a juror in indictments issued against both men signed by Angela Davis, who acted as foreperson for that day.  Davis was herself serving illegally in a second consecutive term as a juror in violation of TCA 22-2-314.

On Tuesday and three previous occasions on which Fitzpatrick attempted to present criminal evidence to the McMinn County grand jury, the foreman, Jeffrey Cunningham, refused to recuse himself despite his having been named in the respective complaints.  Instead, Cunningham brought the complaint in to the members of the grand jury and presided over them, then conveyed their “conclusion” to Fitzpatrick, as he did on Tuesday.

“This government is completely out of control,” Fitzpatrick said.  “The grand jury is being controlled by the judges who appoint the foreman.  Cunningham should not have been in the room today.  He should have said, ‘I’m named in this complaint; I’m going to step outside and give it to Jack or Sally or whoever…You guys decide for yourselves…’ It’s astounding how serious this is; it’s breathtaking.

“Today was a special day because the report that I was bringing to them wasn’t my report; it was the report of the Attorney General‘s office for the State of Tennessee.  They had a decision to make.  I have very clearly demonstrated to them that Mr. Cunningham is not a juror, and they refused to look into this.  The government is controlling the grand juries, and you cannot bring a complaint against the government because of people like Jeff Cunningham.  It’s not just the foreman; it’s all of them.  This grand jury is not protecting the people of the county,” Fitzpatrick said.

After Cunningham re-emerged from the grand jury room, which is also the office of U.S. Congressman Chuck Fleischmann, he informed Fitzpatrick that the grand jurors would not take action on his complaint and had asked that a deputy escort Fitzpatrick out of the building.

On December 7, 2011, Fitzpatrick observed Judge Amy Armstrong Reedy, who is named in the complaint submitted on Tuesday, peruse slips of paper containing the names of prospective jurors and choosing those she wanted, a fact which was presented to the appeals court on November 20 by Fitzpatrick’s attorney, Van Irion, who is defending him against the charge of “tampering with government records.”

One of the three appeals court judges appeared incredulous when Irion stated that Fitzpatrick had witnessed Reedy hand-picking jurors in open court.  Fitzpatrick describes what Reedy did as “one example of how the system is vulnerable to human agency; picking your grand jury by pre-selecting them and knowing exactly what you’re going to get.”

The Tennessee constitution requires that evidence of a criminal nature be presented to a grand jury before a presentment against the person initiating a charge can be issued.

“This was historic.  This grand jury in east Tennessee was shown unarguable, unassailable, unquestionable evidence that their foreman is not a juror, and they walked away from it, refusing to give their names.  This is the kind of thing that would go into the history books when they used to be reliable.”

Tennessee state law requires that 13 people comprise a grand jury, but only 12 members routinely serve on a grand jury.  Since the foreman is not a juror, but rather, represents the interests of the state, no grand jury in Tennessee can be operating impartially as is required by the Fifth Amendment to the Bill of Rights.

“This is the control that the government exercises over our jury system now.  The jury system is completely unreliable and taken over.  We don’t have any better example of that than what happened today.  This is extraordinary.  The person who was criminally accused, their buddy, the guy they’ve worked with all year, was standing in the room with them.  The conflict here is just overwhelming,” Fitzpatrick told us.

Fitzpatrick has presented evidence to the local FBI in Knoxville as well as the Tennessee Bureau of Investigation (TBI), both of which have chosen not to act.

When The Post & Email asked Fitzpatrick if he believed that the grand jurors did not want to know the facts about their proper function and that of the foreman, he responded, “It’s not that they don’t want to know; it’s that they have been told not to act.  ‘Do not do anything at all. You’ve been picked for a special purpose; you are not to act against the government.  Cunningham is your foreman; that’s that; live with it.  If you don’t like it, leave, and we’ll get somebody else.’”

At 6:35 in the following recording, Cunningham states that he was serving as the foreman on Tuesday, despite having been named in the criminal complaint:  17 DEC 2013 FIRST CONTACT WITH CUNNINGHAM

Fitzpatrick said that the inaction of the grand jury on Tuesday “washes over every grand jury that’s had a court-appointed foreman for the last unknown number of decades.  There was no more clear a case than the one that walked in the door today, and they said, ‘We’re not interested.’”

Cunningham did not make copies of the complaint for the grand jurors, but rather, “read it to them” while he stood in the room, where Fitzpatrick was not allowed to enter.  Cunningham also told Fitzpatrick that he “did not appreciate” that Fitzpatrick had accused him of “blocking” criminal complaints from reaching the grand jury.  “His physical presence is an influence; it cannot be argued,” Fitzpatrick said.  “He’s the one who broke the seal on the package, even though it said, ‘Do not open unless you are a grand juror.’  He knew that he was named in the complaint, and he should have said at that point in time, ‘I’m sorry, but I know I can’t be in the room.’”

“This is exactly the function that these foremen have been serving for decades throughout the entire state of Tennessee. This is the reason that the judicial system is so highly successful in bringing in the amounts of money that they have been generating and sending people to jails and prisons for untold years.”

Cunningham did not return Fitzpatrick’s complaint or provide him with a signed statement from the grand jurors.   17 Dec 2013 PET 0838

Cunningham told Fitzpatrick that he “had made that mistake once and wasn’t going to make it again” when he provided Fitzpatrick a copy of the grand jury’s decision not to review his complaint containing their signatures.  Tuesday’s “decision” was said to be “unanimous.”

At slightly past halfway in the following recording, Cunningham refused to return Fitzpatrick’s paperwork and contended that Fitzpatrick’s claims against him were “absolutely false.”  Cunningham then said that “the grand jury would like for him to leave” and asked a deputy sheriff and chaplain to escort Fitzpatrick out of the building.

Cunningham encounter 17 December 2013

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Blockbuster Exclusive: State of Tennessee: Grand Jury Foremen Are Not Jurors!

Posted By Sharon Rondeau On Tuesday, November 26, 2013 @ 10:04 AM

IN CONTRADICTION OF STATE LAW

by Sharon Rondeau

The office of the Tennessee Attorney General and Reporter claims that the grand jury foreman is a state employee, not a juror empaneled by state statutes

(Nov. 26, 2013) — The Post & Email can exclusively report that the Tennessee state attorney general’s office has stated on the record that the “foreperson” of all grand juries in Tennessee is IS NOT A JUROR as Tennessee state statutes require.

In December of last year, CDR Walter Francis Fitzpatrick, III was convicted in the Monroe County, TN Criminal Court of “tampering with government records,” with Judge Walter C. Kurtz presiding.

Defense Attorney Van Irion submitted an appeal in the case of State of Tennessee v. Walter Francis Fitzpatrick, IIIprotesting CDR Fitzpatrick’s innocence. One of Irion’s points was that the grand jury foreman had over-served her legal term of one year.  Tennessee Code Annotated (TCA) states that following their service on any jury in the state, jurors cannot be resummoned for a minimum of 24 months.

This past September, in his official capacity as Assistant Attorney General for the Criminal Justice Division, Kyle Hixson responded to the Fitzpatrick appeal, writing a brief on the state’s behalf of which The Post & Email first came into possession last Thursday afternoon.

At the bottom of page 13 of his brief, Assistant Attorney General Hixson wrote:

“…the foreman of the grand jury is not ‘impaneled’ from the ‘summoned’ members of the ‘jury pool.’ See Tenn Code Ann. §§ 22-2-306, -307, and -310. The foreperson is ‘appoint[ed]’ by the trial court. Tenn. R. Crim. P. 6(g)(1). As such, section 314, by its terms, does not apply to the appointment process of the grand jury foreperson.”

The state’s entire argument can be read here: HIXSON BRIEF

Section 314 reads as follows:

“22-2-314.  Limitation on jury service.

“A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.”

Hixson clearly reports that grand jury forepersons do not come from the “jury pool,” are never “summoned” to jury duty, are never “impaneled” as a jurors, and never subject to state laws which deal with jurors and jury duty.  Simply stated, Hixson affirms on behalf of the State of Tennessee that grand jury forepersons are never jurors.

However, Tennessee state law commands exactly the opposite: Tennessee statutes say that grand jury forepersons must always be jurors.

Tennessee state law, as tailored and refined by the Rules for Criminal Procedure, require that thirteen (13) jurors (or members) populate all state grand juries.

Hixson has now said, in clear terms in a statement against the state’s self-interest, that criminal court judges add a non-juror to the grand jury by their selection of the foreman. The 12 jurors plus one non-juror combination consequently leaves Tennessee grand juries one short of the lawfully-mandated requirement of thirteen (13) jurors. This has been and remains the case for decades.

Tennessee state law requires that all state residents, in the process of becoming jurors, must initially be randomly selected into the jury pool. From that pool, a smaller number of individuals are randomly selected to be issued summonses to report to the courtroom on a particular day, at which time jurors for the grand jury and trial juries are selected in but a third process of random selection.

In each of these three random selection rounds, the process used must be one that does not allow for the possibility of “human intervention.”

The Tennessee District Attorneys General Conference describes the grand jury as:

…a group of thirteen citizens chosen from the jury panel. One of these thirteen is the fore person and will preside over the grand jury.

Assistant Attorney General Hixson now reports that criminal court judges have always been permitted to install a handpicked non-juror foreman, that is, to “appoint” the foreman from, as Monroe County Court Clerk Martha M. “Marty” Cook has said,from wherever they choose because the state laws that apply to jurors do not apply to non-jurors.

As readers of The Post & Email are already aware, Fitzpatrick’s challenges to the scope and operation of Tennessee grand juries arose upon his discovery in 2010 that the Monroe County Tennessee de facto grand jury foreman, Gary Pettway, had held that position since 1982, a period of twenty-eight (28) consecutive years.  Moreover, there was no appointing order or evidence that Pettway had ever been duly sworn in.

Fitzpatrick placed Pettway under citizen’s arrest in April 2010. State law enforcement officials ignored Fitzpatrick’s complaint and arrested Fitzpatrick instead. The Monroe County grand jury then indicted Fitzpatrick for attempting to intimidate a juror, Gary Pettway.

Fitzpatrick has demonstrated that the grand juries and trial juries in Tennessee are unduly influenced by prosecutors, grand jury foremen, and court personnel and contaminated by jurors serving consecutive terms in violation of state law (TCA 22-2-314).  In one case in Davidson County, a grand jury foreman chosen by a judge was discovered to be a convicted felon, which violates Tennessee statute and required the review of approximately 800 cases over which the illegally-serving foreman had presided.

Grand jury foremen in Monroe County are reportedly “picked from wherever” the judge “chooses” by means of an unknown vetting process.  Throughout Tennessee, grand jury foremen have served for decades or multiple times with occasional breaks in service.

Tennessee Code Annotated provides no special selection process for the grand jury foreman.

Grand jury tampering and judicial misconduct have been reported to The Post & Email in Campbell County, Roane County, Sevier County, and Madison County.  Crimes against District Attorney General R. Steven Bebb of the Tenth Judicial District have been alleged but dismissed by Tennessee Attorney General Robert E. Cooper, Jr., although members of the Tennessee General Assembly are working to remove Bebb from his post.

Now, for the first time ever, Kyle Hixson explains that (1) Gary Pettway was never a juror, resulting in (2) the law limiting jury service does not apply to grand jury forepersons such as Pettway, and (3) judicially “appointed” Tennessee residents are allowed to serve in a career position as a county employee called the  “grand jury foreman.”

Tennessee Code Annotated (TCA) 40-12-206 is the only state statute which details the composition of every Tennessee state grand jury. The law commands that all grand juries be populated with thirteen (13) jurors (members) and up to five (5) alternates. The law does not provide for the judicial appointment of a “foreman” into a Tennessee grand jury.

The same law makes no distinction among the jurors (members). There is no distinction or separate-identity, non-juror “foreman.”

The process by which all jurors are to be selected is described as (1) Randomly populate the “jury pool,” (2) Randomly select potential jurors from the “jury pool,” (3) “Summon” the potential jurors to court for random selection into the grand and trial (petit) jurors for identified term dates, and (4) “Impanel” the grand juries and trial jurors.

Hixson, representing the state of Tennessee, publicly declared in his September 2013 appeals brief that, in Tennessee, grand jury foremen are not jurors.

Restating the state’s now first-time ever publicly pronounced policy position more clearly:

  • The grand jury foreman is not a juror.

  • A criminal court trial judge individually and personally selects, then specifically delegates (appoints, employs) grand jury foremen in Tennessee state.

  • The grand jury foreman does not come from a randomly-selected jury pool.

  • The grand jury foreman is not summoned to a courtroom to participate in the process of jury impaneling.

  • Tennessee state statutes that apply to jurors and jury duty do not apply to the grand jury foreman who is, rather, a paid Tennessee state employee.

  • Judicial appointment of a grand jury foreman who is a “non-juror, as Hixson described the office and process, is illegal under the Tennessee statutes.

The Post & Email asks if the State of Tennessee is committing the same crime as that which the U.S. Navy continues to perpetrate after more than 23 years in which an honest person is sacrificed and condemned for the sake of preserving a criminal enterprise in which a judge’s personal appointee masquerades as a member of the grand jury, unduly influencing that body and often casting the decisive vote to indict.

———————

Editor’s Note:  More articles on Tennessee grand jury foremen and the law will be forthcoming in the near future.

© 2013, The Post & Email. All rights reserved.


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URL to article: http://www.thepostemail.com/2013/11/26/blockbuster-exclusive-state-of-tennessee-grand-jury-foremen-are-not-jurors/

The Persecution: Parts 1 and 2

Monday, 24 September 2012
















 

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