Archive for treason

Folly in Monroe County

Posted in Uncategorized with tags , , , , , on December 6, 2009 by judsonwheelerphillips

Folly in Monroe County

Last week, parts of the Internet were abuzz. A county grand jury in Tennessee was going to consider treason charges against Barack Obama. Many friends of mine repeated this on Facebook. I tried to politely tell them this one was a crock, but unfortunately, the story continued to grow. I emailed a friend who had been repeating the story and asked him what he expected out of this. He said he hoped the grand jury would return a “True Bill” and then the courts would be required to subpoena Obama’s actual birth certificate from Hawaii.

Walter Fitzpatrick decided he wanted to present this evidence to the county grand jury in Monroe County, Tennessee. Monroe County is a small Tennessee county, in the southeastern corner of the state, bordering on North Carolina. I do not know if Fitzpatrick lives there or if that was just a target of opportunity. Either way, it was a waste of time and he made a fool of himself and the movement he seeks to advance.

A grand jury in Tennessee is required to investigate and inquire about criminal violations that occur within a specific county. Under Tennessee law, an indictment can only be returned for violations of the Tennessee Code Annotated. Treason is not a violation of the Tennessee Code Annotated.

On December 1, 2009, Fitzpatrick, apparently ignorant of the purposes of a grand jury in Tennessee, went to present his matter to them. He became very upset when he was told he would only be allowed to present the matter to three members of the grand jury.

In Tennessee, cases are generally presented to the grand jury that originate from a law enforcement agency. Those go, with the assistance of the District Attorney’s office, which acts as legal advisor to the grand jury, directly to all thirteen members. Citizens who wish to make complaints to the grand jury may do so. Typically, when a citizen petitions to present a matter to a county grand jury, they will first be asked to present their matter to the foreman of the grand jury and two other members of the grand jury. Jurors serving on the grand jury are citizens doing their jury duty just like anyone else and this is a procedure that exists to save time and minimize inconvenience to the citizens serving.

WVLT TV out of Knoxville aired video of the event. Fitzpatrick is seen on the video becoming very agitated and being told by someone, presumably the foreman of the grand jury, to calm down. Eventually, he went in and presented his “evidence” to the three-member panel.

I really wish Fitzpatrick and his supporters had thought about what they were doing or had even bothered to get some legal advice before proceeding.

A Tennessee county grand jury cannot return a treason indictment against Obama. If for some strange reason it did, the District Attorney would immediately dismiss it as an invalid indictment, as a Tennessee county grand jury cannot indict someone for something that is not a crime under the Tennessee Code Annotated. And if for some reason the DA refused to dismiss the case, a court would do so immediately before requiring service of subpoenas. As much as I dislike Obama, I would agree with the grand jury, the DA, or the Court.

For anyone who thinks I am the one who does not know what he is talking about, you should know that I have practice law in Tennessee for almost 22 years. I spent ten years as a prosecutor and have worked with and presented to county grand juries.

At the end of the day, all that happened in Monroe County is that the grand jury had its time wasted and Fitzpatrick accomplished nothing. While I do not care what liberals think and there is nothing we can do that will make them approve of us, there is a middle ground an America that we need in order to get a majority and take this county back. This kind of foolishness will not help us win.


Using “Justice” to destroy America

Posted in Uncategorized with tags , , , , , , on November 23, 2009 by judsonwheelerphillips

Using “Justice” to destroy America

A few days ago, the alleged Attorney General, Eric Holder, announced that Kalid Sheik Mohammad and other 9/11 conspirators would be tried before a civilian court in New York. Most Americans were outraged by this. I was more than outraged and appalled. I understood this more than most Americans. You see, I am a criminal defense lawyer.

If someone wanted to truly gut our intelligence agencies and our anti terrorist efforts, there could be no better way than by putting these terrorists on trial in a Federal court, giving them all of the rights an American citizen would have. Let me spell some of this out for you.

In a criminal case, first there is the right to discovery. That means the prosecution has to turn over EVERTYTHING it intends to use against the defendant. This includes lists of witnesses so they can be interviewed and investigated. Tangible evidence. Tapes. Reports that have statements the defendant made. It covers a lot. Much of this information is classified. The courts have a system for dealing with classified information in a trial. The Classified Information Procedures Act does set parameters to try and keep classified information secret. But that assumes that all parties are willing to abide by the rules. As we saw in the case of radical lawyer Lynn Stewart, some of these radical lawyers, who support these terrorists, are quite happy to violate the rules and share information they are not supposed to release.

Does anyone remember the case of Johnny Walker Lindh? Do you know why he only got 20 years? The Bush administration agreed to a plea bargain to keep classified information from being released in a public trial. Lindh was an American citizen and his lawyers were going to put the Bush administration on trial. Now, instead of having an administration that wants to protect this country and keep our antiterrorism strategies secret, we have an administration bound and determined to destroy our ability to defend ourselves. This trial will be a gold mine for Islamic terrorists. They will know how we operate, what we are doing and where our weaknesses are.

Since a defendant has a constitutional to subpoena witnesses or items that maybe material to their defense, the list of subpoenas will be monumental. Even if the items are not presented at the trial, the defense will be allowed a fishing expedition into all kinds of classified operations.

In addition, the defendant is entitled to “exculpatory” evidence. This means more fishing expeditions. The personnel files of CIA operatives will be fair game. If you are a CIA operative, how well are you sleeping, knowing the government will turn over your personnel file to a radical lawyer, who will share it with his terrorist client?

This begs the whole question of whether these clowns can even get a conviction. In 1962, the United States Supreme Court, in a case called Mapp v. Ohio, established something called the exclusionary rule. Evidence gathered in violation of someone’s constitutional rights could be excluded at trial. Extreme and outrageous government conduct can even be a basis for dismissal of the charges. Can you imagine how much of the government’s case is even going to make it to trial with a liberal judge? And what happens if a liberal Federal Judge dismisses the case against Kalid Sheik Mohammad? Are we now going to release him?

Obama, Holder and the hard left have one further agenda item here. They want to put America and the Bush administration on trial. By allowing these cases to be heard in a civilian court, that will be what happens. Ultimately, these lunatics want to see George Bush, Dick Cheney and others hauled before the International Criminal Court in The Hague to be tried for crimes against humanity.

This whole nightmare goes back to the concept that elections matter. If there had been a good conservative nominated by the Republican Party, Obama would be a footnote in American history. Now, thanks to his election, there may not be much more American history to be written.