National Liberty Alliance filing in New York District all stricken – 1:14-CV-552

Unified New York Common Law Grand Jury v. Lippman et al Assigned to: Judge Glenn T. Suddaby Referred to: Magistrate Judge Therese Wiley Dancks Case in other court:  NYS Supreme Court, Greene County, 14-00384 Cause: 28:1332 Diversity-Racketeering (RICO) Act

Date Filed: 05/09/2014 Date Terminated: 05/23/2014 Jury Demand: None Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question

Total failure by the ‘Common Law Grand Jury” knitting club. What now John?

ORDER TO STRIKE the following documents: Petition for Writ of Mandamus (Dkt. No. 7), Submission from non-party filers (Dkt. No. 8), Submission from Non-party filer (Dkt. No. 9), Letter from Dean Carpenter (Dkt. No. 10), Amended Motion for Writ of Mandamus (Dkt. No. 11), File on Demand/True Bill/Memorandum of Law (Dkt. No. 12), File on Demand/Bill of Information (Dkt. No. 13) and File on Demand/True Bills (1-9) (Dkt. No. 14) in the above-entitled action are all stricken from the docket and those documents will not be considered by the Court as there is no case pending in this Court. This case was ordered administratively closed on 5/23/14 (Dkt. No. 6) for the plaintiffs failure to pay this Courts filing fee or file a motion to proceed in forma pauperis. Signed by Judge Glenn T. Suddaby on 7/29/14. (lmw)(Copy served upon pro se plaintiff via regular mail) (Entered: 07/29/2014)

 

NY Common Law Grand Jury – Crossing the line?

The good news is that, as predicted, the June 2nd court date was canceled when the Judge ruled that either they pay for the filing or they file in forma pauperis, but as an individual. The ‘knitting club’ did not take this news too well and has now issued a ‘threat’ to the Federal Judge:

BREAKING NEWS – June 2nd Court date canceled read the following two papers for details we will have a special meeting Thursday at 9PM EST to discuss the details. Click on Monday Call for phone, access code and chat room.

POSTED MAY 27, 2014 Federal Court Order to dismiss case and our response with a writ of error and an ultimatum. Take note that in the file Mandamus there is one Mandamus commanding the Federal Court to obey and a second (to be signed by the judge) from the Federal Court to the State courts.
05-23-14 Federal Court Order.pdf
05-27-14 Writ of error.pdf
05-27-14 Mandamus Filed.pdf

The ‘threat’ is:

Attached you will find an order by writ of mandamus from We the Tribunal, that we order you to sign forthwith (24 hours from receipt of this writ and returned overnight). If you fail to do so you are to set a date immediately (within 8 days of receipt of this writ) and We the Unified New York Common Law Grand Jury shall assemble at the courthouse to hear your cause and will determine for you the consequences of your action.

As if a Federal Judge is going to take the ‘knitting club’ seriously. Again, the ‘knitting club’ has totally failed to understand the law, the rules and procedures.

Par for the course… So clumsy, they dropped a few stitches and appear to have been woefully short on yarn. The are planning a Thurday call-in to discuss these ‘unexpected’ turn of events…

NY – Common Law Grand Jury vs Tanner – NY Supreme Court

The State proceeding is still pending in the Supreme Court of Greene County, with no real activity. There is also no evidence that the case was removed to the Federal Court, an action which can be taken only by the defendants. There is also no entry in the Federal Court system that the case was transferred or that it will be ‘discussed’ on June 2nd, 2014. I guess, the NY Knitting Club will send out a cancellation soon?

NEW YORK UNIFIED COMMON LAW GRAND JURY   versus HOLLY TANNER, RICHARD MABEE, JONATHAN et al

Case: 000384/2014
Filed: 04/24/2014

Judge Raymond Elliott III presiding

NY – Common Law Grand Jury – Knitting club attending Court on June 2nd

All people are asked to attend the ‘hearing’ on June 2nd in Albany New York, even though there is, as yet, no case filed, let alone put on the calendar.

If we do not show up in force, they are not going to believe us… ROTFL. Intimidation is no substitute for legal arguments and legal arguments are hard to find amongst the knitting club’s filings.

Since there is no Constitutional right that extends to the State level, State Sovereignty guarantees that each state gets to define its rules as to the need and process for convening a Grand Jury. It is clear that no state provides for something like the NY Knitting Club to be considered a ‘Grand Jury’.

Poor souls, but at least they will be able to finish knitting in time for father’s day 🙂

NY Common Law Grand Jury – Next stop, Federal Court

The NY Common Law Knitting Club has filed another set of documents, this time in Federal Court. Hilarious.. After having failed in the NY Courts, they are now trying to annoy the Federal Circuit. Not very smart.

POSTED MAY 08, 2014 Court date JUNE 2, 2014, stay-tuned for details.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK; James T. Foley Courthouse; Suite 509; 445 Broadway; Albany, NY 12207 on the 2nd day of June, 2014 at 9:30 AM;

Single document

 

NY Common Law Grand Jury – Foiled again 04/07/2014

Gatsby reports on the Fogbow how the NY “Common Law Grand Jury” has run into some predictable road blocks

After starting off by reciting two Bible verses, the National Liberty Alliance leaders moved onto their latest failed caper in NLA’s weekly conference call. This time, a prosecutor they met with on Monday refused to force a court clerk to file the NLA’s document that “summons” judges and clerks into a New York county courtroom. This was the big event originally scheduled for April 7, but then pushed back to April 22, which the NLA now says won’t happen until possibly later that week.

One leader said they would talk about strategy during the call, but another countered that they won’t because it would provide intel to those opposing the formation of common-law grand juries. I’ve only listened to the first five minutes of the call so far, but I’m sure there are more entertaining nuggets ahead.

NY “Common Law” Grand Jury – Delayed

The Court rescinded the filing of the documents by the NY “Common Law” Grand Jury and the April 7th hearing has been canceled.

Tuesday the 22nd of April is the next date they see as possible.

They were going to see the Sheriff but they could not get their act together but they will be visiting the Sheriff on April 1st. The Sheriff will have some fun with that.

They have “arrest warrants” and “indictments” and they believe that the ‘evil doers’ are afraid. And yes, they are likely concerned by the empty rhetoric and the history of the Sovereign movement with respect to violence.

So the plan is to first ask the Sheriff to ‘arrest’ these people, then the ‘under sheriff’ and if that does not work, perhaps the US Marshall Service may do their bidding.

I predict that nothing will be happening other than a group of people showing up to ‘petition the court’ and being ignored as irrelevant.

Any time soon now, any time soon…

Does NY have any laws against pretending to be an officially sanctioned legal institution? In previous conference calls, people were bragging about the ‘fear’ they were instilling in some, so it would not surprise me if Grand Jury indictments will be handed out soon.

“I cannot see how the Sheriff can not not arrest but we have additional plans we do not want to talk about at the moment. “

 

 

 

Common Law Grand Jury follies

The Common Law Grand Jury, aka as the NY Common Law Knitting Club, has sent out summons in which they require the ‘accused’ to show up in Court and present their response to the ‘charges’.

Of course, the knitting club has really no legal foundation for its claims and actions and while they insist that those who do not show up will be held ‘in contempt of court’, and that an ‘arrest warrant’ will be issued, there is just no legal foundation for such claims.

The knitting club expects hundreds of supporters to show up and when the Judge enters the Court Room, they will refuse to rise. I guess that the best they have to offer, civil disobedience, which of course immediately provides the Judge with the jurisdiction to have them removed.

A funny bunch of people who realize that they lack legal status and therefore have to act through numbers. But no amount of supporters can overcome the basic legal failings that lie at the foundation of this ‘case’.

You can also listen to their somewhat boring 3 hour conference call recorded on March 14, 2014.

These so called ‘defenders of the Constitution’ deny Constitutional rights to the ‘accused’. Ironic…

NY ‘knitting club’ files ‘Quo Warranto’

They confuse their ‘Common Law Grand Jury’ with the legally established Grand Jury and believe that they can order the arrest of people who refuse to take them seriously. They believe to be a court as well as a jury…

They do realize that they have no way to enforce their foolishness.

If wrongdoers Jonathan Lippman, Fern A. Fisher, Lawrence K. Marks, Barry Kamins, and Ronald Younkins confess that they have error [sic] and proceed to inform the sixty-two clerks of the court to call upon the custodians of the courthouse to make provisions to receive the sovereign People to their rightful place within the courthouse a reprieve from the said charges against them will be granted. The sovereign People have no desire to seek out and prosecute past wrongdoings, we desire only to look forward and work with our servants to heal our land.

Source

Hilarious, servants, obscure language, they are really getting into this role playing stuff.

Debunking the myths – NY “Common Law Grand Jury” – Quo Warranto

The self proclaimed ‘NY Common Law Grand Jury’ has issued quo warranto and have claimed to have issued ‘true bills’ for indictment. Of course, they lack the legal foundation to be able to issue indictments, and they lack the legal foundation to file a complain of Quo Warranto

Quo Warranto in NY State, the courts have found that the action should be initiated by the Attorney General.

The Court of Appeals reversed the order of this Court and dismissed the proceeding on the ground that the exclusive remedy was a plenary action in the nature of quo warranto commenced by the attorney general pursuant to Executive Law § 63-b (see Matter of Delgado v Sunderland, 97 NY2d 420 [2002]; Matter of Hanington v Coveney, 62 NY2d 640 [1984]). Hockley took office on March 15, 2002, one day after the Court of Appeals rendered its decision.

Source: People v Delgado 2003 NY Slip Op 18444 [1 AD3d 72] November 17, 2003

Under these circumstances, the proper vehicle for challenging the results and contesting title to the public office of the purported winner is a quo warranto action, now codified in Executive Law § 63-b (see People ex rel. McLaughlin v Board of Police Commrs. of City of Yonkers, 174 N.Y. 450 [1903]). The power to commence a quo warranto action is vested in the Attorney General, to be used only after the alleged “usurper” has taken office (see Executive Law § 63-b). In exercising this power, the Attorney General performs an investigative and screening function on such challenges (see Morris v Cahill, 96 A.D.2d 88, 91 [1983] [op by Levine, J.]), and is presumed to afford a claimant a full opportunity to assert a legal right, if any exists (see Matter of Gardner, 68 N.Y. 467, 470 [1877]). The exclusivity of quo warranto in these circumstances also avoids the risk of leaving the contested office vacant for possibly a protracted period while the election result is being litigated through the courts to a final conclusion (see Matter of Hearst v Woelper, 183 N.Y. 274, 284 [1905]; Seavey v Van Hatten,

Source:  MTR. OF DELGADO v. SUNDERLAND 97 N.Y.2d 420 (2002) 767 N.E.2d 662 741 N.Y.S.2d 171

Interview with a “Common Law Grand Jury” hopeful

A very interesting overview of the “Common Law Grand Jury”

Good questions… And lousy answers.

The “Common Law Grand Jury” is doomed to failure.

And they still cite Scalia’s ruling, totally misunderstanding it. Hilarious…

So they sent a declaration to the Courts and the Courts will ignore it, then what… Nothing will happen. The “Common Law Grand Jury” is nothing more than a group of like-minded people petitioning the Courts.

Getting into the courts is a completely different process… Duh….

The Courts have set aside or ignored the petitions… Wow, a great success…

As a practical manner, what can you do? Blah, blah, blah. Citing Article VI of the NY State Constitution… Yawn… Such a random argument.

Of course, the Common Law Grand Jury will complain and nothing will happen.

They do not believe in standing or course of actions. Common law: Injury requires remedy… Hilarious ignorance. Injury is what also defines the legal system’s concept of standing, but the injury has to be real and specific not general.

They are confusing the right to petition for redress of grievances with a right for redress of grievances.

The reported declined to pursue the story as there was really none.

Those poor “Common Law Grand Jury” people

They spam the police Fax with meaningless drivel and then receive a fax telling them to no longer send faxes to a list of phone numbers. It’s good that one can stop these commercial spam forms of harassment.

The “Common Law Grand Jury” was not happy and decided to ‘educate’ the police and others as to the meaning of the Constitution.

Enjoy and laugh a little

They see themselves as sovereigns and the boss of those who run out Government. Sorry my friends that is not how our system works. While the “common law grand jury” is a growing phenomenon, it will quickly wither away when the courts and others keep ignoring it and treating it for what it really is: a group of concerned citizens.

Franklin County Sheriff Dpt tells “Common Law Grand Jury” to stop sending them faxes

The Franklin County, N.Y., sheriff responds to the “Unified New York Common Law Grand Jury”:

Those ‘rude public servants’ tell us to stop harassing them with faxes. ROTFL

Hat Tip: Gatsby at the Fogbow