THE TRUTH BEHIND TOM DeLAY'S INDICTMENT
By Paul Cappadona
How can the third most powerful man in politics be brought up on criminal charges? Is the District Attorney that powerful or is someone else? Recently, House rules forced U.S. Republican House Majority Leader Tom DeLay to resign his leadership position while confronting the allegations of criminal conspiracy. There is a possibility that Travis County District Attorney, Ronnie Earle, a known Democrat, abused his power by using the independent grand jury as a means of pay-back. DeLay's lawyer Dick DeGuerin said, "Tom DeLay changed the face of Texas politics. Nobody can deny that, but Ronnie Earle wants to destroy him because of it." In regards to Ronnie Earls failed 1994 attempted prosecution of U.S. Sen. Kay Bailey Hutchison (R) DeGuerin said, "That was a political prosecution, and this is a political prosecution." Tom DeLay is quoted as saying of Earle, "This act is the product of a coordinated, premeditated campaign of political retribution, the all too predictable result of a vengeful investigation led by a partisan fanatic. I have done nothing wrong.
I have violated no law, no regulation, no rule of the House," DeLay went on to say "the indictment is a sham, and Earle knows it." If this is true Delay has remedies such as Misuse of Local Procedure, consisting of Malicious Prosecution, Abuse of Process, and other actions. Let's wait and see if he takes that route. Another reason I tend to believe DeLay's statements that these are trumped up charges is due to the simple fact this case just happened to land before Judge Perkins, a radical Democrat who supports the far, far radical left, Anti-American group, moveon.org. Though we have yet to see how this case will end, we can be sure of one thing, Ronnie Earle has shown us that there is a legal authority over our government employees, and this authority is the powerful grand jury of the people.
Most of us today, believe it is the District Attorney who decides to indict. In fact, it has been said that a good District Attorney can indict a glass of water. In truth, statements like that are proof that the people do not know their responsibilities and duties while serving as jurors. The District Attorney is only the servant of the grand jury and is there to merely to present evidence. It is the job of the grand jury to indict or acquit.
When our nation was founded, the governing powers were rightly distrusted. The people did not give the power to indict or convict to the government. That power, a vital part of our strong foundation, was to remain with the people themselves. Being of vital importance in keeping the government honest and bring to justice all wrong doings. Loss of this knowledge with the people has turned the grand jury into a rubber stamp for the state.
The grand jury should be chosen from a pool like the trial jury, but it is not. Black's Law Dictionary (6th edition) tells us what a Jury wheel is. "Physical device or electronic system for the storage and random selection of the names or identifying number of prospective jurors; A machine containing the names of persons qualified to serve as grand and petit jurors," In all my years of asking, I have found many people who have been called for jury duty but very few who were called for grand jury duty, and none had served. The grand jury should be comprised of a group of citizens, up to two dozen in some jurisdictions, who receive evidence in closed proceedings mainly from the prosecution and decide whether or not to prosecute. Unanimity is not needed; most state statutes require a 2/3 or a � majority decision in order to indict. The grand jury itself can also initiate investigations independent of the District Attorney. They can call witnesses, compel their attendance, and grant immunity. If the grand jury finds that probable cause is lacking, the case is dismissed.
We need to take back our grand juries. One handbook I have found for the grand jury states," The grand jury is both a sword and a shield of justice; a sword because it is a terror of criminals; a shield, because it is a protection of the innocent against unjust prosecution. No one can be prosecuted for a felony except on an indictment by a grand jury. With its extensive powers, a grand jury must be motivated by the highest sense of justice, for otherwise it might find indictments not supported by the evidence and thus become a source of oppression to our citizens, or on the other hand, it might dismiss charges against those who should be prosecuted."
Chief justice Chase said, "You must not be satisfied by acting upon such cases only as may be brought before you by the district attorney, or by members of your body to whom knowledge of particular offences may have come. Your authority and your duty go much further. You may and you should, summon before you, officers of the government, and others whom you may have reason to believe possess information proper for your action, and examine them fully." Just think about all the over-spending and mismanagement that could be looked into, not to mention all the other crimes against the people. Good grand juries would truly help restore the Republic and put the fear of indictment in our public servants keeping them honest. The grand jury may investigate any form of government or private crimes within their jurisdiction. In truth, the grand jury sets jurisdiction for our courts. U.S. v Morton Salt Co. 338 U.S. 632, 642-643 (1980), "The Grand Jury can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not."
We have failed to hold control over our public servants, those contract employees we hired to run our government and our judicial system.
we can call or go to our local District Attorney and ask questions.
We should fill out grand jury applications if we would like to serve,
and pick up grand jury complaint forms. You could gather evidence that
can be brought to your grand jury. We have ten thousand baby boomers
retiring daily, giving us a great citizen jury pool. If you really want
to get involved, run for District Attorney, you do not need to be a
lawyer. At www.rightbooks.net,
you will find printable jury and grand jury creeds. You could run on
the platform of returning the grand jury to the people. Win or lose,
the word will get out. Hate the evil, and love the good, and establish
judgment in the court: it may be that the Lord God of hosts will be
gracious unto us. Well let me know how you do and once again thank-you
Ronnie Earle for bringing the grand jury to the front page.
� 2005 Paul Cappadona - All Rights Reserved
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