| Interesting article in the Missoulian today. A proposed ballot measure was presented to the Sec of State's office to amend the constitution to allow citizens to convene a grand jury.
Mr. Sipe assures us that people have nothing to fear from citizen convened grand juries, My concept is if you keep your nose clean, we'll never have to have a grand jury.
Depends on what constitutes a clean nose, and who defines this standard of legal hygiene. |
| A few states have codified the citizen convened grand jury. Kansas, since 1887, has allowed ordinary citizens who gather enough signatures on a petition to demand that a grand jury investigate an alleged crime. As the linked article states, most recently this process was used to investigate George Tiller during the spring and summer of 2008 by Sedgewick County, Kansas citizens, prior to Dr. Tiller's May 2009 murder. It's been used in Kansas 10 times recently, twice against abortion providers and the rest for misdemeanor obscenity violations (porn shops). In Oklahoma, a similar law was used to convene a grand jury to investigate alleged federal government complicity in 1995 Murrah builing bombing in OK City.
Criticism of the political use of this provision in Kansas has come even from republican lawmakers (Sen. John L. Vratil), to wit: This is an abuse of the grand jury system. It's being used in a political way to further a political cause, and that was never the purpose of the grand jury system in Kansas.
Enter Orly Taitz, Carl Swensson, and the birthers. As of June 2009, 9 "citizen grand jury" indictments have been pursued against Barry Soetoro, aka Barack Obama for high treason. Though this movement may turn out to be somewhat more expensive for Ms. Taitz and others if this Georgia court's ruling on Rule 11 sanctions establishes a trend.
Mr. Sipe has published his ideas in blog entries and a powerpoint presentation on the Glenn Beck 9/12er meetup site, if you care to investigate the systemic abuse he alleges will be addressed by his proposed constitutional initiative, or guess at what alleged crimes Mr. Sipe would encourage citizen grand juries to investigate.
As a check on arbitrary and oppressive government action, [The grand jury's] historic office has been to provide a shield against arbitrary or oppressive action, by insuring that serious criminal accusations will be brought only upon the considered judgment of a representative body of citizens acting under oath and under judicial instruction and guidance. United States vs. Mandujano, Justice Potter Stewart.
Taking the grand jury provision of the 5th Amendment in isolation, without the essential addition of the rest of it (including that a person shall not be "deprived of life, liberty, or property without due process of law"), opens the door for harassment and persecution of lawful activity for political or religious reasons. If birther, 9/12er, and "citizen grand jury" activity of late is instructive at all, the specific systemic flaw in the Montana Constitution Mr. Sipe proposes to address through this initiative should be carefully scrutinized, and the vast potential for abuse concomitant with such a proposed amendment weighed by all asked to sign on to this initiative. |
