Al Capone was indicted for various tax crimes in 1931 in the Eastern Division of the Northern District of Illinois. Al Capone’s attorneys could have beat that case if they had known what I am teaching in these posts and my law school.
Today Illinois Governor Rod Blagojevich is facing pending charges in the same court. Rod Blagojevich can beat the feds with the following facts:
The Sixth Amendment to this Constitution for the United States of America states fundamental law that the United States Government must follow even though this Constitution has not been adopted by the President and Congress of the United States.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. Sixth Amendment
The President of the United States and the Congress of the United States follow the Sixth Amendment to a degree, but they refuse to follow it to show that neither the President nor Congress have sworn an oath “to support this Constitution.”
While the Sixth Amendment clearly applies to “all criminal prosecutions,” jury trials are frequently denied where imprisonment may be for less than six months.
In all felonies the Sixth Amendment must be followed, however, attorneys are so incompetent that they neglect to use the most obvious safeguards of the amendment.
The Sixth Amendment requires, “an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.”
This is where the most important sentence in federal law comes in: “Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.” This sentence satisfies the Sixth Amendment requirement of a district previously ascertained by law. Sections 81-131 are comprised of Alaska and Hawaii, 48 States, Puerto Rico and Washington, D. C. The district and divisions must be the government land found within the counties.
The date January 1, 1945, is and will always be previous to any current indictment date and fixes Alaska and Hawaii as Territories, government owned.
The alleged crime must have been committed within the district and the grand and petit jurors must also be “of the State and district wherein the crime shall have been committed.”
The Supreme administrative and legislative Court agrees that statute law requires every person charged by a federal indictment opportunities to inspect the jury records to determine if they satisfy the requirements of federal law and the Sixth Amendment.
An unqualified right of a litigant to inspect jury lists held required not only by the plain text of the provisions of the Jury Selection and Service Act of 1968, 28 U.S.C. 1867 (f), allowing the parties in a case “to inspect” such lists at all reasonable times during the “preparation” of a motion challenging compliance with jury selection procedures, but also by the Act’s overall purpose of insuring “grand and petit juries selected at random from a fair cross section of the community, 28 U.S.C. 1861.” 420 U.S. 28 (1975)
I am offering anyone who can get the electronic media to do a story on this Sixth Amendment defense a free year of tuition in my law school.
Dr. Eduardo M. Rivera