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.


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

URL to article: http://www.thepostemail.com/2014/06/28/first-amendment-dead-in-tennessee-pb/

CLICK HERE!

 
THEN PASS THE WORD!

 

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!!!

~~~~~~~~~~~~~~~~~~~~~~~

READ ABOUT COUNSELOR IRION’S OPPONENT!


CLICK ON REEDY’S PICTURE ABOVE!

TO READ MORE CLICK HERE!

~~~~~~~~~~~~~~~~~~~~~~~~~~~

More about Van (CLICK HERE! SCROLL DOWN!)

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

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

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


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

URL to article: http://www.thepostemail.com/2013/12/18/tennessee-grand-juries-co-opted-by-government-operating-illegally/