How To Get Your Stolen Children Home With a Commercial Lien Habeas Corpus

Source: How To Get Your Stolen Children Home With a Commercial Lien Habeas Corpus

Emergency phone blitz for Dennis in Tennessee!  Making a stand for local airport sovereignty and due process against corrupt Masonic Tennessee Judges!  If you doubt the Masonic connection, go on line and view Albert Gore listed as a top Tennessee Mason/Lawyer. Corrupt Judge Waverly D. Crenshaw, Jr., and Al Gore are members of the same private club called the”BAR”(British Accreditation Registry) and the Masons are the thread that binds!  Extremely important, . . .  as many calls as possible to the numbers listed in the attached posting.  Make your voice heard!  This is a huge case for travel independence and local freedom!  If and when your time comes to the battle the witches court you too will be hoping for as many calls as possible!  Continue calling for the next several weeks.  Remember, more Tennesseans died at the Alamo than any other single group!  Stand with Dennis of the Volunteer state of Tennessee and keep calling on his behalf!  “We must indeed hang together, or most assuredly we will all hang separately.”  Ben Franklin. “Courage is the foremost of all the virtues, without it you may never get to experience any of the others.”  Winston Churchill. Further details at sphsp.org.

Find the court documents click here:- 39 page filing https://drive.google.com/file/d/0B-NMEKVHGGW3VHlQY3lqVjQtWHlxc1BwdktoS3ZVek5XYmxZ/view?usp=sharing
https://sphsp.org/2016/08/30/tennessee-sumner-county-airport-authority-under-civil-rico-case-case-no-316-cv-01947/

Contact Washington DC Federal Court Oversight committee members:  Chairman Ted Cruz 202-224-5922, Christopher Coons 202-224-5042, Charles Grassley 202-224-3744, Mike Lee 202-224-5444, David Vitter 202-224-4623.

Contact Washington DC Chairman Joint Chief of Staff of the Army Joseph Dunford, Jr., 703-571-3343

Contact Nashville Federal Middle District Court in Nashville, TN  615-736-5498 opt. 0.

HEAD BISHOP David R. Choby   D.D., J.C.L. – NASHVILLE VICAR GENERAL

David R. Perkin, V.G., J.C.L. Vicar General, Adjutant Judicial Vicar

615-783-0763 , 615-383-6393  Hours: 8:00 am to noon and 1 pm to 4:30 pm, Mon through Friday

Whistleblower Jodi Davies of Michigan involuntarily injected psychiatric Drugs against her will by Probate Court

Life or death phone blitz ! I do not use these words lightly ! Jodi Davies tomorrow in Port Huron Mich. will be locked into a mental ward and forcibly injected to where she will require a diaper. she is of healthy mind and body , a brilliant and caring former VA nurse who exposed corruption. This is exactly what was done to Alexander Solzenetzin author of Gulag Archepelago : corrupt corporate government labeling patriots as mentally ill because we are smart enough to notice the corruption. Judges Tomlinson and chief judge Dave Kelly are about to commit murder: 810-985-2160/2060/2066 the court has seized Jodis assets including her 1700 dollar monthly social security. Guardians have been appointed to manage the theft and they refuse to talk with Jodi even though they are required to do so. Call them: Julie Marriot 810-985-2174 of course the real power player behind it all : archbishop Allen Vigneron 313-237-5816 if he’s a godly man FIX THIS PROBLEM !! CourtroomObservers &Studio1776.org

No accusation of any crime whatsover . She has not been indicted or even arrested . They have no material evidence of any crime or offense . She is obviously not a danger to herself or others . Difficult to believe isnt it ? Its happening . apparantly her mother is taking the side of the corrupt coporate court because the family wants to sell the grandmothers house where grandma and Jodi live and the mother cannot get her hands on the money until the house is empty and grandma is institionalized alomg with Jodi . also lots of state money for the witches court and the mental hospital so there is the incentive of greed plus they can quiet a patriot and truth-teller ….

SHOWTIME:

1/18/2016 at 6:01:03 PM 120 minutes

TAGS:

Illuminati Black+Pope New+World+Order Jodi+Davies Michigan

CATEGORY:

Prepping

VISIBILITY:

Public

SHORT LINK:

http://tobtr.com/s/8236177

Federal Eye
Millions over age 112 have Social Security numbers, and it’s not because we’re living longer

http://www.grg.org/calment.html

https://www.stclaircounty.org/Offices/courts/Default.aspx

Emergency phone blitz ! Help patriot Shane Bennett 585-329-8154 war on gun owners has begun with assault on Shanes family judge Kocher 585-412-5278 signed a warrant that has Shanes name NOWHERE ON IT Also NO grand jury was heard so this entire matter is disarmament and property theft ! DA Mike Tantillo has been sued for witholding evidence and sanctioned by the courts google him 585-396-4010 require he send you copies of indictment and sworn affidavit or drop the charges ! Storm trooper Hainsworth 585-398-3200 and his S.O.R.T. UNIT are liable for criminal trespass , grand larceny , deprivation of civil rights , conspiracy against civil rights and operating as highwaymen under color of law and out of constitutional jurisdiction ! call chamber of commerce CEO Donna Borulla 585-394-4400 Hit em in their wallet ! make it clear : no freedom loving americans will be shopping in Ontario County NY or their precious resort of Canandaigua Lake ! CALL and DONT STOP ! You can call every day if you have a legitimate purpose and you do ! thank you observer’s ! 

Listen to my new episode NY war on gun owners has begun with assault on Patriot Shane Bennett family. at http://tobtr.com/s/8121449. #BlogTalkRadio

Courtroom Observers

Studio 1776 Online Radio | BlogTalkRadio.

( 1 )  U.S. Marshal Paul Safier, is a U.S. Marshal in Trenton, New  Jersey.   His phone number is 609-989-2069.  Call him.  Ask him why he sanctions and endorses criminal conduct.  He is well aware of the constitutional violations and criminal conduct in my case.  His email is psafier@usms.doj.gov.  The other email address is my attorney’s, Jerald Di Chiara.

What follows is one of about 12 cases, or more, throughout the country that shows we can go to the Grand Jury.    In some states, we can go directly, we do not have to go through the Court  [ the supervising judge ] or the prosecutor, as this case indicates, from the Southern district of New York.

US Marshal James Howard, in the Southern district of New York knows that when I go to a Grand Jury, the Grand Jury will indict him.  Because US Marshal James Howard conspired in criminal conduct against me, since 2009, I was unlawfully imprisoned in 2010.   US Marshal James Howard already admitted that he is on the wrong side of the law, and has been for a long time.

I already went to the U.S. Attorney in New Jersey, Paul Fishman, and caught his office lying to DC, claiming I was never there.  I already aired on my TV show the video tape that shows I was at his office.

I already went to the U.S. Attorney in Brooklyn, New York, Loretta Lynch.   Loretta Lynch is now the U.S. Attorney General.  What is she going to do?  Prosecute herself?   I already have hard evidence against Loretta Lynch and other US Attorneys.

This case was decided in the Southern district of New York in 1985.  For constitutional violations  the prosecutor must prosecute.   For racketeering the prosecutor must prosecute.  

( 2 )  My attorney, Jerald Di Chiara has a responsibilty to bring the constiutional violations and other crimes committed against me to the Grand Jury immediately because as an attorney in New York he will be dis-barred under New York Judicial law section 487 for colluding in any deceit or deception.  I already have sworn affidavits that speak to the crimes, deceit and deception committed by Yeshiva University and the Manhattan District Attorney’s office against me.

***********************************************************************************************

617 F.Supp. 199 (1985)

In the Matter of In re GRAND JURY APPLICATION.

No. 85 Civ. 2235 (VLB).

April 25, 1985.

United States District Court, S.D. New York.

*200 Neal Schwarzfeld, Schwarzfeld, Ganfer & Shore, New York City, for Bandler

& Kass, Robert Sylvor and William J. Werner.

200

Russell, Piccoli, Phoenix, Ariz., Herbert C. Ross, Jr., Rogers Hoge & Hills, New

York City, for plaintiffs.

Susan Harkins, Asst. U.S. Atty., New York City, for U.S. Atty.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

Plaintiffs, in their complaint and now by motion, seek either a writ of mandamus to

compel the United States Attorney to present the “facts” concerning alleged

criminal wrongdoing of certain named defendants to the grand jury or for me to

request the grand jury to hear testimony by plaintiff’s attorney, Mr. Piccoli,

concerning that wrongdoing.[1] They base their *201 complaint and motion on 18

U.S.C. § 3332(a), which states:

201

It shall be the duty of each such grand jury impaneled within any

judicial district [special grand juries impanelled pursuant to 18 U.S.C.

• 3331] to inquire into offenses against the criminal laws of the United

States alleged to have been committed within that district. Such

alleged offenses may be brought to the attention of the grand jury by

the court or by any attorney appearing on behalf of the United States

for the presentation of evidence. Any such attorney receiving

information concerning such an alleged offense from any other person

shall, if requested by such other person, inform the grand jury of such

alleged offense, the identity of such other person, and such attorney’s

action or recommendation.

At the outset, I would point out that plaintiffs do not seek to compel the U.S.

Attorney to prosecute the named defendants. Rather, they seek to have either the

court or the United States Attorney present certain information to the grand jury.

This distinction is critical because almost the entirety of the opposition to plaintiffs’

motion is based on the mischaracterization by the U.S. Attorney and the other

defendants of plaintiffs’ motion as one seeking to compel the U.S. Attorney to

initiate proceedings against the other defendants.

Thus the U.S. Attorney argues that plaintiffs lack standing to bring this suit

because “a private litigant lacks a sufficiently distinct interest in a criminal

prosecution to compel its initiation.” Govt. Memo at 7, citing Linda R.S. v. Richard

D., 410 U.S. 614, 619, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973); see Leeke v.

Timmerman, 454 U.S. 83, 86-87, 102 S.Ct. 69, 70-71, 70 L.Ed.2d 65 (1981);

Heckler v. Chaney, ___ U.S. ___, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985) and

other cases. He argues that because presenting the information to the grand jury

might not lead to an indictment, or conviction, or ultimately to an award in the

plaintiffs’ pending civil action, plaintiffs’ interest is too attenuated from the relief

sought to justify allowing them to bring the instant action.

“Congress may enact statutes creating legal rights, the invasion of which creates

standing, even though no injury would exist without the statute.” Linda R.S. v.

Richard D., 410 U.S. 614, 617 n. 3, 93 S.Ct. 1146, 1148 n. 3, 35 L.Ed.2d 536

(1973). See Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 2206, 45 L.Ed.2d

343 (1975); Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 212, 93 S.Ct.

364, 368, 34 L.Ed.2d 415 (1972) (White, J., concurring); Hardin v. Kentucky

Utilities Co., 390 U.S. 1, 6, 88 S.Ct. 651, 654, 19 L.Ed.2d 787 (1968). When

determining whether a plaintiff has standing, I need only examine the complaint to

see if the plaintiff has alleged that he has suffered a cognizable injury. Nash v.

Califano, 613 F.2d 10, 14 (2d Cir.1980). 18 U.S.C. § 3332(a) creates a duty on

the part of the United States Attorney that runs to the plaintiffs, and the breach of

that duty gives the plaintiffs standing to seek its enforcement.[2]

The defendants contend that “the decision to prosecute is the exclusive

prerogative of the Executive Branch.” Govt.Memo at 10, citing United States v.

Nixon, 418 U.S. 683, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974); Nathan v. Smith,

737 F.2d 1069 *202 (D.C.Cir.1984); Inmates of Attica Correction Facility v.

Rockefeller, 477 F.2d 375 (2d Cir.1973); Powell v. Katzenbach, 359 F.2d 234

(D.C.Cir.1965), cert. denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966),

and other cases. They characterize plaintiffs’ complaint and motion as attempts to

compel the U.S. Attorney to prosecute the other named defendants, and, relying

on the above cited cases, argue that courts have uniformly denied such relief. But

no case cited has considered the requirements imposed by 18 U.S.C. § 3332(a).

The only opinion I have found that even indirectly deals with the issue presented

in this case is Judge Bork’s concurring opinion in Nathan v. Smith, 737 F.2d 1069

(D.C.Cir.1984).

202

In Nathan, the issue was prosecutorial discretion under the Ethics in Government

Act, 28 U.S.C. §§ 591 et seq. Section 591(a) provided[3] in relevant part:

The Attorney General shall conduct an investigation pursuant to the

provisions of this chapter whenever the Attorney General receives

specific information that any of the persons described in subsection

(b) of this section has committed a violation of any Federal criminal

law other than a violation constituting a petty offense.

Judge Bork stated:

It may be thought that neither the relief granted by the district court

nor that sought by the plaintiffs falls within the principle of Executive

control of decisions to prosecute. The district court ordered the

Attorney General to initiate a preliminary investigation; the plaintiffs

seek to compel an application for the appointment of an independent

counsel. The distinction between these remedies and the

[prosecutorial discretion] principle discussed above has no

significance, however. The only purpose of the preliminary

investigation under the Ethics Act is to enable a report to the special

division of this court about the need or the lack of a need for the

appointment of independent counsel. The preliminary investigation is

thus the first stage of the prosecutorial process and the district court

has undertaken to control that stage.

Plaintiffs would have the district court control the next stage as well

ordering the Attorney General to apply to the special division of this

court for the appointment of an independent counsel. It is no answer

to say that the courts, under either form of relief, would not control the

final prosecutorial decision since that would be made by the

independent counsel. There are at least two flaws in that reasoning.

The first is that the principle of Executive control extends to all phases

of the prosecutorial process. Thus, were this a case about an ordinary

prosecution under a federal criminal statute, a plaintiff could not

escape the principle discussed by demanding only an order that the

Attorney General present facts to a grand jury but leaving the decision

whether to sign any indictment to him. Second, if private plaintiffs

have the legal ability to require an investigation of criminal charges, it

is difficult to understand by what principle they could be denied a

cause of action to compel the independent counsel to prosecute if that

counsel had sufficient evidence to do so under the policies of the

Department of Justice, which the Act requires him to follow. 28 U.S.C.

• 594(f) (1982). If the execution of the laws is lodged by the

Constitution in the President, that execution may not be divided up

into segments, some of which courts may control and some of which

the President’s delegate may control. *203 It is all the law enforcement

power and it all belongs to the Executive. It may be that answers can

be given that avoid or modify these traditional views. No such

answers have been offered in this case, however.

203

737 F.2d at 1079 (emphasis added).

Contrary to what Judge Bork stated, Congress has divided the execution of the

law into segments, with the presentation of information to the grand jury

concerning racketeering violations being an area where the prosecutor’s discretion

was explicitly removed. Judge Bork himself recognized that judicial opinion was

not unanimous on this question. The portion of his concurrence emphasized

above is a criticism of the decision of the Fifth Circuit Court of Appeals in United

States v. Cox, 342 F.2d 167 (5th Cir.1965). In Cox a 4-3 majority held that a

United States Attorney could not be compelled to sign an indictment returned by

the grand jury, and that without his signature the indictment would have no legal

effect. 342 F.2d at 172. A different 4-3 majority held, however, that the United

States Attorney could be required to assist the grand jury by drafting an indictment

in accordance with their wishes, even if he had no intention of signing it if it were

voted a true bill. 342 F.2d at 181. Accord, Report and Recommendation of June

5, 1972 Grand Jury, 370 F.Supp. 1219 (D.D.C.1974).

In other contexts, courts have acknowledged that prosecutorial discretion is not

absolute. In Powell v. Katzenbach, 359 F.2d 234, 235 (D.C.Cir.1965), cert.

denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966), the court stated:

“[w]e will assume, without deciding, that where Congress has withdrawn all

discretion from the prosecutor by special legislation, a court might be empowered

to force prosecutions in some circumstances.” This term in Wayte v. United

States, ___ U.S. ___, 105 S.Ct. 1524, 84 L.Ed.2d 547 (1985), the Supreme Court

stated that prosecutorial discretion is not “`unfettered.’ Selectivity in the

enforcement of criminal laws is … subject to constitutional constraints.” ___ U.S.

at ___, 105 S.Ct. at 1531 (quoting United States v. Batchelder, 442 U.S. 114,

125, 99 S.Ct. 2198, 2205, 60 L.Ed.2d 755 (1979)).

Also this term, in Heckler v. Chaney, ___ U.S. ___, 105 S.Ct. 1649, 84 L.Ed.2d

714 (1985), the Supreme Court equated an agency’s refusal to take requested

enforcement action with a prosecutor’s decision not to prosecute. After reviewing

the numerous reasons why judicial review of such decisions was unsuitable the

court went on to say:

Thus, in establishing this presumption [of the unreviewability of

agency action] in the APA, Congress did not set agencies free to

disregard legislative direction in the statutory scheme that the agency

administers. Congress may limit an agency’s exercise of enforcement

power if it wishes, either by setting substantive priorities, or by

otherwise circumscribing an agency’s power to discriminate among

issues or cases it will pursue.

___ U.S. at ___, 105 S.Ct. at 1657.

Plaintiffs argue that the language of § 3332(a) is clear and unambiguous: “Any

such attorney receiving information concerning such an alleged offense from any

other person shall, if requested by such other person, inform the grand jury of

such alleged offense, the identity of such other person, and such attorney’s action

or recommendation.” They contend that the duty to present the information is

mandatory. Defendants contend that use of such mandatory language is common

throughout the criminal provisions of the United States Code and has often been

held to permit the exercise of prosecutorial discretion. See Heckler v. Chaney, ___

U.S. at ___, 105 S.Ct. at 1657; Inmates of Attica Correctional Facility v.

Rockefeller, 477 F.2d 375, 381 (2d Cir.1973) (“The mandatory nature of the word

`required’ as it appears in [42 U.S.C.] § 1987 is insufficient to evince a broad

Congressional purpose to bar the exercise of executive discretion in the

prosecution of federal civil rights crimes.”). The resolution of this issue lies in an

analysis of the legislative history of 18 U.S.C. § 3332(a).

*204 The forerunner of 18 U.S.C. § 3332(a) was introduced to the Senate on

January 16, 1969 as part of Title I of the Organized Crime Control Act, S.30. The

purpose of the Act was to eradicate organized crime. To accomplish this aim S.30

was designed to strengthen and vitalize the various legal tools available to the

government in the evidence gathering process. Title I of the Act contained

proposed amendments to 18 U.S.C. § 3321 et seq. concerning grand juries. The

purpose of these amendments was to “strengthen” the “broad powers of inquiry”

of grand juries.[4] Statement of Sen. McClellan, Hearings before the

Subcommittee on Criminal Laws and Procedures of the Committee on the

Judiciary, United States Senate, 91st Cong. at 503 (1969) (hereinafter “Senate

Hearings”). As Senator McClellan, one of the bill’s co-sponsors, explained:

204

The jury would not be limited by the charge of the court but would

have the right to pursue any violation of the criminal law within its

jurisdiction. Citizens would be accorded the right to contact the jury,

through the foreman, regarding any alleged criminal act.

Id.

Section 103(a) of the proposed Act contained the antecedent of 18 U.S.C. §

3332(a). It provided in pertinent part:

Section 3324, title 18, United States Code is amended as follows:

• 3324. Powers and duties

* * * * * *

(b) It shall be the duty of each grand jury impaneled within any judicial

district to inquire into each offense against the criminal laws of the

United States alleged to have been committed within that district

which is brought to the attention of the grand jury by the court or by

any person.

(c) No person shall be deprived of opportunity to communicate to the

foreman of a grand jury any information concerning any such alleged

offense or instance of misconduct.

Senate Hearings at 7.

As Senator McClellan explained during the Hearings before Subcommittee No. 5

of the Committee on the Judiciary of the House of Representatives, Ninety-First

Congress, Second Session on S.30 (hereinafter “House Hearings”) (1969), Title I

of S.30 “guaranteed a measure of independence” to the special grand juries it

authorized. House Hearings at 82. When pressed by the chairman of the House

committee on the “need for granting special grand juries almost complete

autonomy from the Federal district court and the U.S. Attorney,” Senator

McClellan stated: “Congress has ample grounds for determining that a need

exists for creation of special Federal grand juries with substantial independence of

the prosecutor and court.” House Hearings at 118.

Although not the most controversial aspect of the Act, much comment both pro

and con was elicited during the House and Senate hearings concerning the

provisions of the bill concerning grand juries. The chairman of the House

Committee on the Judiciary stated, “[w]ith reference to Title I[,] … we have

opposition expressed from the Judicial Conference of the United States[,]…. the

New York County Lawyers Association[,] … the Association of the Bar of the City

of New York[,]…. the National Association of Counties—United States Conference

of Mayors and the American Civil Liberties Union oppose Title I.” House Hearings

at 177-78.

Title I had powerful supporters as well. In a memorandum submitted to the Senate

committee by then Attorney General John Mitchell, the Justice Department voiced

its support of Title I:

*205 Proposed section 3324(b) provides that “It shall be the duty of

each grand jury impaneled within any judicial district to inquire into

each offense against the criminal laws of the United States alleged to

have been committed within the district which is brought to the

attention of the grand jury by the court or by any person.” This

provision is a statutory recognition of existing case law holding that

the inquisitorial powers of a grand jury are virtually unlimited and that

the grand jury can initiate a case on its own and investigate any

alleged violation of Federal law within its jurisdiction. See Hale v.

Henkel, 201 U.S. 43 [26 S.Ct. 370, 50 L.Ed. 652] (1906); Blair v.

United States, 250 U.S. 273 [39 S.Ct. 468, 63 L.Ed. 979] (1919);

205

United States v. Hartke-Hanks Newspapers, 254 F.2d 366 (C.A.5),

cert. denied, 357 U.S. 938 [78 S.Ct. 1385, 2 L.Ed.2d 1551] (1958); In

Re Grand Jury Investigation (General Motors Corp.), 32 F.R.D. 175

(S.D.N.Y.), appeal dismissed, 318 F.2d 533 (C.A.2), cert. denied, 375

U.S. 802 [84 S.Ct. 25, 11 L.Ed.2d 37] (1963); United States v. Smyth,

104 F.Supp. 283 (N.D.Calif.1952); United States v. Gray, [sic[*]] 187

F.Supp. 436 (D.C.D.C.1964). Consequently, we can see no objection

to this proposal.

Section 3324(c) provides that no person shall be deprived of

opportunity to communicate to the foreman of a grand jury any

information concerning any offense against the criminal laws of the

United States alleged to have been committed within the district.

Section 1504 of title 18, United States Code, presently makes it an

offense for anyone to attempt to influence the action or decision of

any grand or petit juror upon any matter pending before it by a written

communication. This provision is apparently intended to make it clear

that no violation of this section is committed by a person who merely

communicates to the foreman of a grand jury any information

regarding any offenses against the laws of the United States. This

provision could well encourage wider public participation in the fight

against organized crime and we, therefore, support it.

Senate Hearings at 366-67.

In response to the many criticisms, the provisions of the proposed Act regarding

grand juries were amended. During the House Hearings, Edward L. Wright

presented the views of the American Bar Association, which were essentially

embodied in the Act in its final form.

The American Bar Association recommends that the proposed right of

a private person be modified to require that information possessed by

such person be channelled through the appropriate prosecutor, and

further, that the prosecutor be required in all cases to communicate

his action or recommendation thereon to the special grand jury.

In suggesting this amendment, we are mindful of and are fully in

accord with the well-established tradition of citizen complaints. We

know that criminal justice should and must be everyone’s concern,

and we favor doing everything proper to encourage greater

cooperation by citizens in the war against organized crime. On the

other hand, we are equally cognizant that the proper role of the

professional prosecutor in the United States has been steadily

emerging. It is our belief that the prosecutor should properly be vested

with the responsibility of professionally screening allegations of

criminal misconduct. At the same time, we recommend that there be

built into the process a safeguard that will require the prosecutor to

give an accounting of his screening.

House Hearings at 541 (emphasis in original).

Analysis of the language of the Act as it was finally enacted indicates that

Congress intended the United States Attorney to be the channel through which

ordinary citizens conveyed information about organized crime to the grand jury.

To argue, as the government does (and as Judge Bork did in *206 Nathan, supra),

that the prosecutor has total discretion in deciding what information to present to

206

the grand jury flies in the face of the Act’s legislative history. The section analysis

section of the official legislative history of the bill as it was finally passed contains

the following language:

Section 3332(a) makes it the duty of a special grand jury impaneled

within any judicial district to inquire into Federal offenses alleged to

have been committed within the district. As amended by the

committee, alleged offenses may be brought to the attention of the

special grand jury by the court or by any attorney appearing on behalf

of the United States for the presentation of evidence. Any such

attorney who receives information of an alleged offense from any

person must, if requested by the person, inform the grand jury of the

alleged offense, the identity of the person who conveyed the

information, and his own action or recommendation.

2 U.S.Code Cong. & Adm.News, House Report No. 91-1549, 91st Cong.2d Sess.

(1970) 4007 at 4015.

Thus both the language of 18 U.S.C. § 3332(a) and its legislative history indicate

that Congress intended to remove the prosecutor’s discretion in deciding whether

to present information to the grand jury. He retains discretion with respect to how

he acts and what he recommends concerning that information.

18 U.S.C. § 3332(a) creates a right in every person to have information known by

them concerning organized crime to be presented to the grand jury. It provides

two ways for this to occur—either the court may bring it to the grand jury’s

attention or a United States attorney can. Plaintiffs have requested one or the

other form of relief, in the alternative.

In order to grant a request for mandamus a court must find: “(1) a clear right in

the plaintiff to the relief sought; (2) a plainly defined and peremptory duty on the

part of the defendant to do the act in question; and (3) no other adequate remedy

available.” Lovallo v. Froehlke, 468 F.2d 340, 343 (2d Cir.1972), cert. denied, 411

U.S. 918, 93 S.Ct. 1555, 36 L.Ed.2d 310 (1973).

Plaintiffs have urged me to request the grand jury to hear their evidence against

the defendants. Although a judge may present evidence to a grand jury both

under common law, see O’Bryan v. Chandler, 352 F.2d 987 (10th Cir.1965), and

pursuant to the language of 18 U.S.C. § 3332(a), I decline to do so. The

legislative history of Section 3332(a) suggests that Congress envisioned the

United States Attorney’s office as the primary channel of information to the grand

jury. In a busy district such as this, moreover, it is the United States Attorney and

not the individual district judge who is familiar with, and in fact sets, the schedules

of the grand juries which have been impanelled in the district. Any effort by myself

to bring plaintiffs’ information to the attention of a grand jury would necessarily be

channeled through the United States Attorney.

Since the United States Attorney has been requested to present certain

information to the grand jury he must do so. I will not relieve him of a duty which

Congress has seen fit to impose. 18 U.S.C. § 3332(a) imposes a “plainly defined

and peremptory duty” on the part of the United States Attorney to present the

plaintiffs’ information concerning the alleged wrongdoing of the other defendants

to the grand jury.

When first presented with plaintiffs’ information in February, the United States

Attorney’s Office declined to act. It cited its heavy caseload, the need to conduct

its own investigation to satisfy internal policies and the need to obtain the approval

of the Justice Department before proceeding, and concluded that the chances of

commencing prosecution of the other defendants named herein before the statute

of limitations ran in May were almost non-existent. The substantial work already

done by plaintiffs’ attorneys in preparing this case and the apparent willingness of

the alleged victims to come forward and testify should greatly facilitate the

investigation *207 of plaintiffs’ allegations by the grand jury. Although the statute

does not specify in what way the United States Attorney should present

information to the grand jury, under the circumstances of this case and in the

interests of efficiency and justice, I strongly urge the United States Attorney to

allow plaintiffs’ attorney, Mr. Piccoli, to appear before the grand jury as a witness.

I note, in any event, that this order does not invade the realm of prosecutorial

discretion. The statute requires that the information proffered by plaintiffs, and the

identity of plaintiffs, be brought to the attention of the grand jury. This order

requires no more.

207

Plaintiffs’ request for a writ of mandamus is granted.

SO ORDERED.

[1] Plaintiffs have also included a request that I appoint “a special prosecutor as the Court’s own

representative for presenting the pertinent details of the criminal wrongdoing of [certain named

defendants] to the Grand Jury for its consideration.” They cite no statute or case law authorizing such

relief but rely instead on the court’s “inherent” power. The only statutes dealing with the appointment of

special prosecutors by the court (now called “independent counsel”) all relate to the Ethics in

Government Act, 28 U.S.C. § 591 et seq., which is not relevant to this case. Plaintiffs have not briefed

this issue. I do not believe the inherent powers of the court go so far. See Matter of Application for

Appointment of Independent Counsel, 596 F.Supp. 1465 (E.D.N.Y.1984). See also Fed.R. Crim.P.

42(b).

[2] Plaintiffs also argue that the Sedima requirement of a prior conviction gives them a direct financial

interest in seeking prosecution and therefore, standing. That argument fails because of the unfettered

discretion of the government’s attorneys in deciding whether to prosecute.

[3] Section 591(a) was amended in 1983 by Pub.L. 97-409 § 4(a)(1), which substituted “information

sufficient to constitute grounds to investigate” for “specific information” after “the Attorney General

receives.” In light of the holding of Nathan where the court relied on the lack of “specific information” to

deny mandamus, it seems apparent that the amendment to Section 591(a) was designed to make it

clear that the decision to investigate would rest with the Attorney General who would have discretion

to decide whether the information received constituted “sufficient … grounds.”

[4] In its final form the Act did not simply amend the United States Code provisions concerning grand

juries but created new sections requiring the appointment of special grand juries in all judicial districts

with over four million inhabitants. These special grand juries were to be devoted to investigating

organized crime. They had all the powers of regular grand juries plus the explicit authorization to issue

reports concerning either organized crime conditions in the district or malfeasance in office by a public

official.

[*] Editor’s note: citation should be 87 F.Supp. 436 (D.D.C.1949).

Recently I shared this post on my facebook timeline from the http://www.activistpost.com Chattanooga Hoax? Victim Reported Dead Years Before Shooting after reading this blog I was hoping to get a few commandments by others Political activist bloggers who may have looked at this story closer so I could get some information about this story that may not have been on this blog post.  Instead I was  physically threatened and attacked personally by a Marine I knew from my high school days who couldn’t even do an investigation into the post I shared in stead he attacked me because I was questioning the official story.  . “Condemnation without investigation is the height of ignorance.” – Albert Einstein

This was after he asked me “So is this something you believe? ” Steve Rock Nawrocki  I believe my response was quite clear when I said “Don’t know haven’t been able to do a investigation and look to closely at this yet.” Daniel Joseph Leach Jr.  So I really wanted to know what about this article brother’s him most? Was it the fact that it could be real or the fact that the Government would lie about this to the American people? Or the fact that a US General Wesley Clark reveals on MSNBC : TPTB that he wants to put Christian Patriots and and American dissenters in internment camps people like myself who question everything before I believe what I’m spoon fed by the Government propaganda media.

 I guess my response must have really made him mad that I would question the government’s official story, because after this it was all down hill. In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.” Mark Twain

“You still won’t answer that means your a fucking pussy, at least stand behind what you believe like real men do, your a little bitch and always have been, you don’t have the thinking ability to argue your point, the strength to back it up or the balls to stand up for it” Steve Rock Nawrocki 

 I assume that because his service in the Marine corps that he would be offended if the Government would use the death of a fellow Marine as propaganda to manipulate the American people into giving up the 2nd Amendment or to call the Laws to be changed so that the Military could now be armed on American streets which is a illegal according to the Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using its military personnel to act as domestic law enforcement personnel. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.  

I post stuff many times to see what other people have to say about websites or blogs before I write my own blog’s because I want to have as many good sources of information as possible so that when people who read my blog posts can have as much factual information contained in my blog’s as possible.  I do believe it could be possible that this could be What is Problem > Reaction > Solution? Also known as The Hegelian Dialectic and false flag operation a propaganda tool used to take America’s guns, like Operation Northwoods was a proposed operation against the Cuban government, that originated within the Department of Defense (DoD) and the Joint Chiefs of Staff (JCS) of the United States government in 1962. The proposals called for the Central Intelligence Agency(CIA) or other US government operatives to commit acts of terrorism against American civilians and military targets, blaming it on the Cuban government, and using it to justify a war against Cuba. The proposals were rejected by the Kennedy administration.^[2] but like I said I can’t be sure unless I personally do a investigation.

I do not believe everything that I see on TV I also do not believe everything that I read on the internet. Unless you’re willfully ignorant and you don’t see what’s going on in the country right now the government is going to use any means necessary to try to take away America’s gun rights and the 2nd Amendment to establish a police state. 

He was really mad at my answers because he probably wanted to just label me as in his words a Wacko. Then he tried to bully me and tried to intimidate me with his service in the military and his height being over 6 foot tall. How sad that military or ex military personnel has to act like a high school teenager. Trust me bullies don’t intimidate me I grew up around Bullies like this all my life and I don’t run away from self righteous bullies. 

You can find the text of this conversation at the end of this blog post! 

Thursday, July 23, 2015

Chattanooga Hoax? Victim Reported Dead Years Before Shooting

By Joe Wright

Do you have any idea how manufactured our reality is? Can you even handle the truth?

The Chattanooga shooting inspired an influential former general to call for internment camps for thought radicals. Pretty outrageous, I know. Imagine how sinister that agenda would be if the Chattanooga shooting is proven to be a scripted hoax?

YouTube researchers MattyD 4 Truth and PROVE ME WRONG have uncovered records that appear to show at least one of the Chattanooga victims died years before the latest “mass shooter” media event. (See video below)

The establishment media is running dramatic stories of Lance Corporal Skip Wells’ last words to his girlfriend, but perhaps those last words were spoken in 2004.

A strikingly similar looking Marine Lance Corporal Larry L. Wells was reported to have been killed in Iraq in 2004, according to Washington Post’s Faces of the Fallen.  Screenshot saved below in case they remove the page.

Even creepier, the guy in the photo identified as Larry Wells in 2004 and Skip Wells in 2015 also seems to be a guest with Bill O’Reilly to talk about the event! Maybe they’re just lookalikes?

• Click to view the Live feed to this conversation! 

  https://www.facebook.com/permalink.php?story_fbid=10205703428122866&id=1170049212&comment_id=10205718044168258&offset=0&total_comments=78&notif_t=feed_comment

  July 24 at 6:05am · Unlike · 1
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  Steve Rock Nawrocki I can’t tell if you post this stuff as a joke or if you really believe this stuff

  July 24 at 5:06pm · Like
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  Daniel Joseph Leach Jr. I believe it if it can be backed up by the fact’s.

  Yesterday at 1:19am · Like · 1
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  Steve Rock Nawrocki So is this something you believe

  19 hrs · Like
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  Daniel Joseph Leach Jr. Don’t know haven’t been able to do a investigation and look to closely at this yet.

  18 hrs · Like
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  Daniel Joseph Leach Jr. So what about this article brother’s you the most? The fact that it could be real or the fact that the Government would lie about this to the American people. Or the fact that a US General is calling for internment camps for Radical Christian Patriots like myself who question everything before I believe what I’m spoon feed by Government propaganda media.

  17 hrs · Like · 1
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  Steve Rock Nawrocki No, the fact that dead Marine was delivered to his family means alot more than some crap you read on the internet, I’m asking you, do you belive it’s real, it’s a real simple question

  17 hrs · Like
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  Daniel Joseph Leach Jr. I believe proven facts

  17 hrs · Like
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  Steve Rock Nawrocki And what fact is that, you dodge questions alot and that’s a fact

  17 hrs · Like
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  Daniel Joseph Leach Jr. Well I believe that if the Government is using a dead Marine corps members for propaganda to manipulate we the people that someone needs to be held accountable for this.

  17 hrs · Like
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  Steve Rock Nawrocki What aren’t you understanding about my direct qustion, so i w
  ill ask it again in a very simple way, based on what you posted do you believe what you posted as fact and that Marine was not killed there

  17 hrs · Like
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  Daniel Joseph Leach Jr. I only believe what I can prove to be fact. You want to make it easier for you to just write me off as crazy so you don’t have to think outside the box about what’s happening with your country. But you can’t ignore reality because its slapping you in the face. The question is whether or not you can handle the truth?

  17 hrs · Like
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  Steve Rock Nawrocki No, your wrong, do you believe this to be fact, it’s a yes or no question,

  17 hrs · Like
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  Daniel Joseph Leach Jr. I don’t believe everything I see on TV Steve the Government is full of propaganda and will use anything to manipulate the American people.

  17 hrs · Like
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  Steve Rock Nawrocki AGAIN, WHY DO I NEED TO KEEP REPEATING MYSELF, do you believe this to be fact

  17 hrs · Like
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  Daniel Joseph Leach Jr. Do you personally know that Marine corps members family members or friends unless you do your stupid to believe the the media wouldn’t lie to you.

  17 hrs · Like
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  Daniel Joseph Leach Jr. I told you I have not personally done a investigation into the death of this Marine corps members death.

  16 hrs · Like
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  Daniel Joseph Leach Jr. I’m sure it should not be that hard to track down the family and friends to ask questions about this.

  16 hrs · Like
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  Daniel Joseph Leach Jr. If you want to prove that the Governments telling you the truth about this event it should not be hard to find out the truth.

  16 hrs · Like
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  Steve Rock Nawrocki No, but I am a Marine and do you think his family members/friends and that town in Georgia are faking this

  16 hrs · Like
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  Daniel Joseph Leach Jr. Like I said I haven’t personally done a investigation so I don’t automatically believe the News it could all be one big propa

  16 hrs · Edited · Like
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  Daniel Joseph Leach Jr. Now Facebook won’t let me reply to your questions without mess

  16 hrs · Edited · Like
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  Steve Rock Nawrocki You still won’t answer that means your a fucking pussy, at least stand behind what you belive like real men do, your a little bitch and always have been, you don’t have the thinking ability to argue your point, the strength to back it up or the balls to stand up for it,

  16 hrs · Like
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  Daniel Joseph Leach Jr. Your not getting the answer’s you want me to say. Sad you have to stoop to name calling you lose everyone knows that the one who falls to name calling has lost the argument. Believe the Governments propaganda media %100 your weaknesses is in you mind if you can’t think for yourself. As far as being a bitch you don’t know me and where never friends with me I didn’t see you on the wrestling team. If you think I’m a bitch lets have a sparring match sometime I’ll show you a little bitch.

  16 hrs · Like
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  Steve Rock Nawrocki Hahaha anytime for that ass kicking stupid, I’d break your jaw, you haven’t defended anything you posted, you should be a politician

  16 hrs · Like
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  Daniel Joseph Leach Jr. I’m not trying to defend anything other than to say that I have not personally done a investigation into this so I don’t believe anything at this point. As far as believing if the guys familys lieing. What you really asking is if I believe the mainstream Government news sourse. The answer is no I doubt the mainstream government propaganda and don’t believe what they report to be the truth.

  16 hrs · Like
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  Steve Rock Nawrocki So this didn’t happen then, what th fuck, where do you stand on this and what do you believe is the truth

  16 hrs · Like
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  Daniel Joseph Leach Jr. Your funny Steve just because your a Marine you think your invincible and can just kick my ass break my jaw you underestimate that I to have skills to defend myself, I’ve dealt with bullys with big mouths like you all my life your not the first or the last. You not my God.

  7 hrs · Edited · Like
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  Steve Rock Nawrocki Hahahaha I’m not a bully, I defend the weak just not ignorant weak people like yourself, you have no spine or heart but that’s fine, not everybody can I guess

  16 hrs · Like
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  Daniel Joseph Leach Jr. I told you I don’t really know what happed or if it really did happen the way the Government reports say because I have not personally done a investigation.

  16 hrs · Like
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  Daniel Joseph Leach Jr. Dude seriously get over yourself captain America

  15 hrs · Like
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  Steve Rock Nawrocki Your a pussy that posts fake shit and when questioned you buckle like the weak kid you are, stand up and be a man

  15 hrs · Like
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  Daniel Joseph Leach Jr. I told you the truth I didn’t do a investigation did you?

  15 hrs · Like
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  Daniel Joseph Leach Jr. Or do you just believe everything the mainstream says without investigation

  15 hrs · Like
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  Steve Rock Nawrocki Nope but I don’t have to, common sense rules and it’s easy to tell that the young Marine was killed, have you ever stood up for anything in your life

  15 hrs · Like
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  Daniel Joseph Leach Jr. Oic your a good marine don’t ask questions just do what your told.

  15 hrs · Like
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  Steve Rock Nawrocki It’s hard to believe God made people as stupid as you,

  15 hrs · Like
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  Daniel Joseph Leach Jr. “Condemnation without investigation is the height of ignorance.” – Albert Einstein

  15 hrs · Like
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  Steve Rock Nawrocki Being little with a big mouth will get you hurt- Rock

  15 hrs · Like
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  Daniel Joseph Leach Jr. I bet you would fire on Americans if the Government told you to do so because you follow orders with out Question!

  15 hrs · Like
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  Daniel Joseph Leach Jr. Next you say you would shoot me if the government told you to do so right!

  15 hrs · Like
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  Daniel Joseph Leach Jr. https://www.youtube.com/watch?v=eaPwqokBn9M

  

  Wesley Clark reveals on MSNBC : TPTB want to put you in a KZ…

  YOUTUBE.COM

  15 hrs · Like · Remove Preview
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  Steve Rock Nawrocki Hahahaha we’re laughing our asses off at you, you should thank the government for being around because if we went by nature’s survival of the fittest you would’ve been gone long ago hahahaha

  15 hrs · Like
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  Daniel Joseph Leach Jr. 16:09
  The Chattanooga Marine Office Shooting IS A HOAX (July 16, 2015)- Expose the Zionist Code
  by Zachary K Hubbard…See More

  

  The Mohammod Youssuf Abdulazeez (Chattanooga)…

  YOUTUBE.COM

  15 hrs · Like · Remove Preview
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  Steve Rock Nawrocki So dumb, aliens are coming to probe you because God said so, I just read it but for some reason I can’t forward it hahahah

  15 hrs · Like
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  Daniel Joseph Leach Jr. nice so now facebook is showing its Government censorship powers lol

  15 hrs · Like
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  Steve Rock Nawrocki I’m done with your silly ass, have fun bitch, I have something better to do, it’s called a woman lol

  15 hrs · Like
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  Daniel Joseph Leach Jr. Well Steve its been fun playing facebook but I have to get ready for work just remember this! ”
  In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.” http://www.twainquotes.com/Patriotism.html

  

  Mark Twain quotations – Patriotism

  In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause…

  TWAINQUOTES.COM

  15 hrs · Like · Remove Preview
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  Steve Rock Nawrocki Your not any of those, your a whacked out pussy, you stood for nothing and will never stand for anything, your the weak that people like me protect, just say thank you and keep your stupid thoughts to yourself, much appreciated

  15 hrs · Like
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  Daniel Joseph Leach Jr. Like I said your not my God you WiFi Bully! lol Maybe someday you can thank me for Telling you the truth that your Government lied about!

  15 hrs · Like
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  Steve Rock Nawrocki So you do belive this then?

  15 hrs · Like
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  Daniel Joseph Leach Jr. I believe it could be possible that this is a false flag operation a propaganda tool used to take America’s guns, but like I said I can’t be sure unless I personally do a investigation. I do not believe everything that I see on TV I also do not believe everything that I read on the internet. Unless you’re willfully ignorant and you don’t see what’s going on in the country right now the government is going to use any means necessary to try to take away America’s gun rights 2nd Amendment.

  14 hrs · Edited · Like
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  Daniel Joseph Leach Jr. https://en.m.wikipedia.org/wiki/Operation_Northwoods

  

  Operation Northwoods – Wikipedia, the free encyclopedia

  Operation Northwoods was a proposed operation against…

  EN.WIKIPEDIA.ORG

  14 hrs · Like · Remove Preview
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  Daniel Joseph Leach Jr. Morgan Morkley

  8 hrs · Like
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  Steve Rock Nawrocki Do you think he’ll come defend you, I don’t get the whole bringing someone else into this nonsense

  7 hrs · Like
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  Daniel Joseph Leach Jr. Nope he is in Africa dude I don’t need anyone to be defending me I told him about this ridiculous conversation with you that’s crazy how much your bothered by it.

  7 hrs · Like
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  Steve Rock Nawrocki That makes sense lol, what bothers me is the complete lack of respect for the 4 Marines and 1 Sailor who were killed, did you do your research yet

  7 hrs · Like
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  Daniel Joseph Leach Jr. No not yet Iv been working but I was looking for commandments by others who may have looked at this story closer and maybe have some information about this. I post stuff many times to see what other people say about it before I write my blog’s because I want to have good sources of information that people who read can have factual information contained in my blog’s.

  7 hrs · Like
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  Steve Rock Nawrocki So how factual was this stupid post

  7 hrs · Like
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  Daniel Joseph Leach Jr. Well I’m really hoping that it’s not true and that it’s just propaganda.

  7 hrs · Like
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  Steve Rock Nawrocki You are propaganda, you don’t make any sense, you keep saying you research things but you post stupid shit like this, let me clue you in, it really did happen, yep it did, better men than you were murdered, it’s not a conspiracy, turn the tv on or go on the internet, it’s simple to see,

  7 hrs · Like
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  Daniel Joseph Leach Jr. Time will tell. Unless you actually where there and seen it happen your assuming that the media is telling the whole truth about this event. I don’t assume anything the media is saying is true because they have been caught in lie’s over and over again.

  6 hrs · Like
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  Steve Rock Nawrocki Are you really that stupid, are you saying this didn’t happen, wtf is wrong with you

  6 hrs · Like
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  Daniel Joseph Leach Jr. I’m saying that I don’t know and I wasn’t there to see it happening. Do you personally know anyone who was there as a witness that can confirm that this happened the way the news report says that it did?

  6 hrs · Like
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  Steve Rock Nawrocki Your a misguided and lost, I can’t believe I’m actually arguing something this dumb, good luck to ya

  6 hrs · Like
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  Daniel Joseph Leach Jr. Lol yea me to

  6 hrs · Like
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  Daniel Joseph Leach Jr. Well sorry I’m so cynical of the Government controlled media

  6 hrs · Like
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  Daniel Joseph Leach Jr. http://apps.washingtonpost.com/…/fallen/444/larry-wells/

  

  Lance Cpl. Larry L. Wells | Faces of the Fallen | The Washington Post

  Faces of the Fallen is a collection of information about…

  APPS.WASHINGTONPOST.COM

  6 hrs · Like · Remove Preview
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  Steve Rock Nawrocki Cynical is one thing but blind and stupid is completely different, I guess the government paid/ forced fake families and towns and police officers and doctors and nurses and coroner’s and funeral homes and town workers that dig Graves all to fake this,

  6 hrs · Like
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  Daniel Joseph Leach Jr. You tell me Steve how is this possible did this guy time travel?

  6 hrs · Like
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  Daniel Joseph Leach Jr. http://sgtsullivancenter.org/about/

  

  About – Sergeant Sullivan Center

  Sgt. Thomas Joseph Sullivan, a veteran of the recent Iraq war, died in February of 2009 at age 30 after suffering…

  SGTSULLIVANCENTER.ORG

  6 hrs · Like · Remove Preview
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  Daniel Joseph Leach Jr. That’s two coincidence thats one too many for me to not ask questions

  6 hrs · Like
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  Daniel Joseph Leach Jr. http://www.marinechat.com/forums/showthread.php?t=20371

  Sgt Thomas J. Sullivan USMC (ret), 30, Falls Church, VA – MarineChat.com

  Sgt Thomas J. Sullivan USMC (ret), 30, Falls Church, VA The Final Duty Station

  MARINECHAT.COM

  5 hrs · Like · Remove Preview
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  Daniel Joseph Leach Jr. Reply

  Thread Tools Search this Thread …See More

  

  Arlington National Cemetery – Home

  The Official Website of Arlington National Cemetery. Welcome to Arlington National Cemetery, our Nation’s most hallowed ground. This historic cemetery bears witness to our American heritage and the military service and sacrifice of men and women in uniform throughout our history.

  ARLINGTONCEMETERY.MIL|BY ARLINGTON NATIONAL CEMETERY

  4 hrs · Like · Remove Preview
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  Daniel Joseph Leach Jr. You know what I will pray for you Steve Rock Nawrocki that you find peace and I will bless you. Hit me and I will turn my cheek and the let you strike my other cheek. If you feel the need to do violence over a blog post.

  2 hrs · Like
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