The Grand Jury was supposed to protect citizens from political prosecutions determining only “probable cause” if the government presents their skewed side to claim a crime might have been made, but it has been completely undermined and serves nothing close to its constitutional purpose. The Grand Jury is just a political tool for they get to hear ONLY the evidence that the government selects. There is absolutely NO REQUIREMENT that a prosecutor must make a fair presentment of the facts and indeed they are NEVER true and correct for there is no obligation to present the alternative or the defense of the person being indicted.
The Supreme Court wrote quite eloquently what the Grand Jury was supposed to do. “The … grand jury … has the dual function of determining if there is probable cause to believe that a crime has been committed and of protecting citizens against unfounded criminal prosecutions.” Branzburg v Hayes, 408 US 665, 686-687 (1972).
What has long been held as common practice, the U.S. Supreme Court in 1976 ruled in Imbler v. Pachtman 424 U.S. 409 (1976), that prosecutors cannot face civil lawsuits for prosecutorial abuses, no matter how severe. Prosecutors have qualified immunity in other activities such as advising police and speaking to the press. This was the decision that means Mueller can say anything in an indictment for he is completely immune even if he is knowingly lying to the public. He gets to do what nobody else can do and this has undermined everything that the Constitution stood for.
There are no checks and balance in the American Justice System which flies in the face of the Declaration of Independence, which criticised the very same immunity the King provided to his prosecutors.
“He has made Judges dependent on his Will alone … He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance … For protecting (government agents) them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States”
Declaration of Independence
Prosecutors routinely mislead grand juries and provide only allegations to show guilt. An indictment is completely bogus and should NEVER be taken as fact for that violates the entire Constitution. The defendant has no right to present his side and the Supreme Court said that the trial jury will correct any injustice. This is what makes Mueller’s indictment fake news for he knows that there is zero chance of getting a trial so the indictment can say whatever he wants and CNN, New York Times, POLITICO etc., will all treat it as absolute proven fact.
In a decision by Judges Evans, Posner, and Easterbrook of the 7th Circuit (Chicago), they wrote in 2005 the truth about the Grand Jury process:
“Realistically, federal grand juries today provide little protection for criminal suspects whom a US Attorney wishes to indict. Nevertheless, that is not a realism to which judges are permitted to yield.”
US v Ross, 412 F3d 771, 774 (7th Circuit 2005)
The former Chief Judge of New York, Sol Wachtler, became famous for the modern legal comment on how bad the Grand Jury process had become. His comment became immortalized in the Tom Wolfe novel, Bonfire of the Vanities (1987). Judge Wachtler’s review of the Grand Jury became the famous phrase that a grand jury could “indict a ham sandwich,” if that’s what you wanted because the prosecutors are totally unsupervised in bringing indictments. He later said that he coined the phrase during a lunch interview with Marcia Kramer of the New York Daily News.
The Grand Jury has simply become the tyranny that has destroyed every Empire historically. There is no judge present so the proceeding is led by a prosecutor, in this case, Mueller. The defendant has absolutely no right to present his case or even to be informed that a prosecutor is conducting a Grand Jury proceeding at all. Court reporters usually transcribe the proceedings, but the records are sealed. The case for such secrecy was unanimously upheld by theSupreme Court in Douglas Oil Co. of Cal. v. Petrol Stops Northwest, 441 US 211 (1979). The rationale to support secrecy was explained that “if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily”; “witnesses who appeared before the grand jury would be less likely to testify fully and frankly”; and “there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors”.
The Venetian Mouth of Truth was precisely what the Supreme Court used to justify secrecy. Anyone could write an allegation against anyone else and they did not have to disclose who they were. They dropped the slip into the Mouth of Truth and that was enough to arrest the person and torture them until they confessed.
Once the person was arrested and crossed the Bridge of Sighs to the prison, they never again returned. The mere accusation was proof of guilt precisely as Mueller has just carried out.
On top of that, the hypocrisy, in this case, knows no bounds. The United States has interfered in just about everyone’s election. The Obama Administration interfered in the Canadian, British, and French elections to try to push for socialists to win and defeat BRXIT. Obama pissed-off the British by going of British TV and told them if they voted to leave the EU, then they should get to the “back of the queue” on trade agreement negotiations if they leave the EU.
The political propaganda team that got Bill Clinton elected was there in London helping Tony Blair get elected in Britain. The NSA was spying on Merkel and Merkel with the NSA was spying on France and the EU Commission.
Consequently, the strongest count in Mueller’s indictment is that the Russians failed to register and formally tell the US people they were acting politically within the US system. I find this very unethical when in fact the USA does this very same thing routinely to everyone else.
“Grand Jury, knowingly and intentionally conspired to defraud the United States by impairing, obstructing, and defeating the lawful functions of the Federal Election Commission, the U.S. Department of Justice, and the U.S. Department of State in administering federal requirements for disclosure of foreign involvement in certain domestic activities.”
The Obama Administration came out and stated that despite Russian attempts to hack the election, the result was not altered. This has been a political witch hunt for there is nothing that took place that (1) altered the results, and (2) nothing that the US government does not do in other countries.
The ONLY way to secure our liberty is to overrule Prosecutorial Immunity and upon someone being indicted, the transcript MUST be made public. Otherwise, protecting the very people who appear before the Grand Jury to get an indictment remain in secret and can never be called by the defendant denying him the right to confrontation.
Mueller has proven we still live under Tyranny. The Grand Jury minutes MUST be made public since this is a political indictment and he knows there will NEVER be a trial. The American people and the world are entitled to the WHOLE TRUTH and NOTHING BUT THE TRUTH