Judge Blackwood and the First Amendment

[NBC: Update – I re-read the indictment which refers to on or around March 12, 2014 as the date of perjury. This appears to be his submission to the Court petitioning for a restraining order, not his submissions to the Grand Jury.]

Sharon Rondeau, at the Post and Email has posted a somewhat confusing article titled “Should Judge Blackwood be criminally prosecuted” about Judge Blackwell.

What Sharon sees as a person petitioning the government for ‘corruption’ is seen by others as a failure to properly understand the TN statutes and laws and thus when such a person makes claims under penalty of perjury, such a person may be arrested, indicted and convicted if a Grand Jury indicts the person and a Jury convicts him. I am not sure why one should blame a judge for following the legal procedures here.

Sharon has argued this to be the end of the First Amendment because he preceded over a case which involved someone petitioning the Government for Redress of Grievances and was found guilty of aggravated perjury.

I fail to understand why one believes that petitioning the government in a manner which exposes one to perjury charges, is somehow unconstitutional or a reason to prosecute the Judge.

Contrary to what Sharon believes, petitioning the government is not punishable with doing jail time. Sharon may have failed to properly understand the charges against Walt Fitzpatrick. Aggravated Perjury refers to statements made under oath and punishable with perjury charges.

TCA 40-12-104 reads in part

(d)  Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury.

Yes, Walt has the right to petition the government for redress of grievances but his submissions may be held to higher legal standards. TCA 40-12-104 has been cited by Walt and others to show that one has the right to petition the grand jury in Tennessee, so I am surprised that they were not familiar with the complete text.

[NBC: Update I have not seen Walt’s submission to the Judge asking for a restraining or protection order. Anyone?]