(August 16, 2010). Larry Klayman, the founder of Freedom Watch and before that Judicial Watch, and the only lawyer to have a court rule that an American president had committed a crime, issued the following statement on behalf of Freedom Watch and Declaration Alliance.
In the days leading up to her confirmation, Freedom Watch and Declaration Alliance, based on evidence provided by pro-life groups, filed a complaint before the Supreme Court to have Elena Kagan disbarred for her having falsified a report, when she was Associate Counsel in the Clinton White House, by the American College of Obstetricians and Gynecologists finding that partial birth abortion was in no medical circumstances a necessary procedure to save the life of a mother. To the contrary, newly confirmed Justice Kagan altered the report to show that partial birth abortion was the preferred procedure. The Supreme Court relied on this fraudulent evidence in overturning Nebraska’s ban on partial birth abortion and this set the stage for other court rulings nullifying the total ban nationwide. In effect, Justice Kagan’s actions resulted in the inhumane killing of very late term unborn infants, and her conspiracy to defraud the Supreme Court in order to defy the expressed will of the American people made our nation needlessly complicit in these heinous acts. Kagan’s actions rise to the level of criminality.
Freedom Watch and Declaration Alliance, now that Kagan has been confirmed, will also work to seek her impeachment. However, this punishment is not sufficient to right the wrongs of Justice Kagan’s criminality.
We the people have been providentially provided means of legal recourse to address the criminal conduct of persons themselves entrusted to dispense justice. In the Supreme Court case of United States v. Williams, 504 U.S. 36 (1992), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government “governed” and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights.
Ingeniously, the Founding Fathers wanted the grand jury to not be part of the judicial branch in particular, to give citizens the means to seek redress of their grievances without having to ask permission of the state, as the state will nearly always seek to protect its own establishment interests. Thus, citizens—ordinary Americans—have the unbridled right to empanel their own grand juries and present
“True Bills,” which are indeed indictments, to a court, which is then required to commence a criminal proceeding upon which the accused has full Constitutional right to present a defense and seek to prove her innocence. Importantly, even the Federal Rules of Criminal Procedure, which allow federal prosecutors to present indictments after a grand jury has issued them, does not preclude citizens from so doing.
In the Williams case, the Supreme Court notably held, in a lengthy, well reasoned and clear-cut decision:
Rooted in long centuries of Anglo-American history, Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the four branches described in the first three Articles. It is a constitutional fixture in its own right. United States v. Chanen, 549 F. 2d 1306, 1312 (CA9 1977)quoting Nixon v. Sirica, 159 U.S. App. D.C. 58,70, n. 54 (1973), cert. denied, 434 U.S. 825 (1977). In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people.
Thus, our Founding Fathers wisely and presciently created a buffer that the people could turn to and rely upon for justice, when our public officials and others, including judges, criminally violate the law; since only the people themselves will take action to hold them accountable. In this way, the Rule of Law, not violence, may seek to preserve the Republic, and to avoid armed revolt among the people as occurred in 1776.
“Here, Justice Elena Kagan not only falsified evidence, thereby obstructing justice, but her fraud resulted in the barbaric deaths of unborn late term infants. Nothing could be worse, and she should be indicted and tried in a court of law for her crimes. Certainly the Obama Justice Department will not seek an indictment, so it is left to ordinary Americans to seek justice. And, if after an indictment is obtained, the lower courts refuse to institute a criminal proceeding, then Freedom Watch and Declaration Alliance will appeal this case all the way to the same Supreme Court on which Justice Kagan is now seated. Pursuant to the Williams case we will, ironically, have the Supreme Court order—as it is required to do under its own case precedent—that the district court commence a criminal proceeding against one of its own, stated Larry Klayman.
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