April 19, 2023, 8 am protest to overturn SCO 1993, and its attack on the peoples' right to a grand jury
On Wednesday, April 19, 2023, protestors
for overturning rule changes involving Criminal Rule 6 and 6.1 will be holding
another protest at Alaskan courthouses. Supporters are asked to gather at the
Anchorage Nesbitt Courthouse at 8:00 AM. In Juneau, the event will be at the Juneau
Dimond Courthouse at 11 AM. ABC News has confirmed they will be covering the protest in Anchorage.
If you are attending the April 19th protest, you can find handouts created to aid protestors answering any questions from passersby people and the media. This handout is available at alaskastateofcorruption.com. Alaska Grand Juror Association has additional information at alaskagrandjurorassociation.org.
David Haeg is an Alaskan that has been
fighting for justice ever since he was wrongfully accused, charged, and abused
by the State of Alaska. Due to active members of society and Haeg there is now
a growing movement, a civil rights movement, to defend Alaskans’ rights to
appeal directly to the grand jury.
For around 10 months, the grand jury of Kenai Peninsula has been investigating judicial criminal conduct that appears to have infested every branch of the Alaskan government.
At the heart of it all is Marla
Greenstein, the lead judicial investigator for the last 33 years, presiding
over 8k judge investigations. Growing evidence of possible abuse of power led
the grand jury to subpoena Greenstein. On que, the Alaska Supreme Court and the
Rules Committee worked quickly to write a bill that would be enacted just days
before Greenstein’s hearing to testify before the Kenai Peninsula grand jury.
As of today, despite the protective
cover to prevent Greenstein’s testimony, the Kenai Peninsula grand jury has continued
to investigate. News of the extension of this grand jury has many Alaskans feeling
it is a good sign the grand jury is taking allegations seriously. Even more so,
the subpoenaing of witnesses has grown, to include names of government
employees never mentioned before.
Grand jury proponents argue Criminal Rule 6.1 is
unconstitutional. In O’Leary v. Superior Court (1991), two out of
five justices agreed it was unconstitutional and violated the “anti-suspension”
clause of Alaska’s Constitution. Pursuant to O’Leary v Superior Court:
“This procedural rule [6.1] is not the
least bit deferential to the “anti-suspension” clause. Indeed, it mocks it. If
the language is not clear enough, the rejection of Delegate Buckalew’s
objections to it persuade me that the constitutional debate has both addressed
and answered the question whether the “anti-suspension” clause is to be
construed restrictively or expansively. Only an expansive construction is
consistent with its plain language and the debate and vote…. The grand jury,
and not the courts, can choose matters on which it reports and recommends, and
the manner in which to do so. Its constitutional power shall never be suspended
by the overlay of cumbersome procedures which provide for private judicial
adjudications and review…”
According to page 1328 of the Alaska
Constitutional Convention transcript, when 55 delegates made no objection to
the following: “The Grand Jury can be appealed to directly, which is an
invaluable right to the citizen.”
According to the Alaska Grand Juror
Association, Alaska’s Founding Fathers knew this day would come: : “The
power of Grand Juries to inquire into the willful misconduct in office of
public officers, and to find indictments in connection therewith, shall never
be suspended. The Grand Jury is preserved, for all purposes, particularly for
investigation of public officials.” In legalese, “shall" means a person
“must" do what is ordered.
Due to SCO 1993 passing, prosecutors have been given nearly absolute power of the grand jury process. This is inconsistent with the State of Alaska’s Constitution. To readers feeling this is not important to support, there may be a day when the reader will need the grand jury, and the support of the people fighting for it today. Please join your fellow Alaskans tomorrow to end SCO 1993.
Comments
Post a Comment