In the United States, a citizen grand jury is a non-actionable, non-governmental organization that assumes a responsibility upon itself to accuse an individual or groups of individuals of having committed actionable crimes, in a similar aim as that of official grand juries. Such organizations have been organized by those who espouse conspiracy theories regarding certain events or the individuals who are accused by the citizen grand jury, and most citizen grand jury applications to official judiciary systems at the federal, state, or local and municipal level tend to be thrown out for lack of evidence.
Modern citizen grand juries were organized in the 2000s to accuse government officials of complicity in the September 11 attacks, and others were organized in the late 2000s and early 2010s regarding the accuracy of President Barack Obama's status as a natural-born citizen.
Some states permit citizens to request that an official grand jury initiate criminal charges. But the decision of whether to pursue criminal charges lies with the grand jury, and not the citizen who made the request. [1]
The earliest so-called 9/11 citizen grand jury, the 23-member "Los Angeles Citizens' Grand Jury on the Crimes of 9/11/01," was organized in 2004 by activist Lynne Pentz. By October of that year it had launched an "indictment" accusing George W. Bush and other administration officials of complicity and foreknowledge of the attacks. [2] Among those offering testimony at the event were Webster Tarpley, Barbara Honegger, Don Paul, Jim Hoffman and Christopher Bollyn. Similar citizen grand juries were organized in San Diego later in the 2000s. [3]
Some campaigners, led by Georgia activist Carl Swensson, have sought to, "finally expose the conspiracy behind President Obama's birth certificate," by forming what they term "citizen grand juries" to indict Obama. [4] The "citizen grand juries" are based on the Fifth Amendment's premise that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury."[ according to whom? ]
Although the activists managed to hand out copies of "indictments" to Congressional staff, [5] the courts have not regarded the "citizen grand juries" favorably. In June 2009, a group of 172 campaigners declared themselves to be a "Super American Grand Jury" and voted to charge Obama with treason and accused him of not being a U.S. citizen. [6] Chief Judge Royce C. Lamberth of the United States District Court for the District of Columbia dismissed the "indictment" on July 2, 2009 and declared "[T]here is no authority under the Rules of Procedure or in the statutes of the United States for this court to accept [a presentment]... The individuals who have made this presentment were not convened by this court to sit as a grand jury nor have they been selected at random from a fair cross section of this district. Any self-styled indictment or presentment issued by such a group has no force under the Constitution or laws of the United States." [7]
In 2013, a citizen grand jury formed by Larry Klayman "convicted" Obama of fraud. [8]
In 2011 there was an influx of white supremacists to Montana's Flathead Valley region. Karl Gharst, a white supremacist active in the Flathead area, publicly announced plans to form a citizen grand jury in Kalispell to indict the Montana Human Rights Network, a local anti-racism organization. Gharst, previously active in the Aryan Nations and currently founder of a group called Kalispell Pioneer Little Europe, claimed that the MHRN was a "Jewish Defamation Organization" and part of a "Jewish terrorist network". [9]
Members of Ammon Bundy's group calling themselves "Citizens for Constitutional Freedom" attempted to create citizen grand juries and threatened indictments against a number of officials, both federal and local, for "multiple constitutional crimes." The tactics included bringing in self-proclaimed "judges" who did not have legal authority under the court system. [10] [11] [12] One of the self-proclaimed 'judges' threatened newsmedia with "the crime of felony" for attempting to report on the proceedings. [13]
In 2019, Klayman convened a citizen grand jury against special counsel Robert Mueller regarding the Justice Department’s investigation into Russian interference in the 2016 United States elections. [14] [15]
In 2019, Klayman vowed to convene a citizen grand jury to "indict" Obama's vice president Joe Biden, and his son Hunter Biden, for their involvement with Burisma Holdings. [16]
In 2023, Klayman's citizen grand jury "convicted" President Biden, his son Hunter Biden, and President Biden's brother James Biden. [17]
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.
An indictment is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
Judicial Watch (JW) is a 501(c)(3) nonprofit American conservative activist group that files Freedom of Information Act (FOIA) lawsuits to investigate claimed misconduct by government officials. Founded in 1994, Judicial Watch has primarily targeted Democrats, in particular the administrations of Bill Clinton and Barack Obama, as well as Hillary Clinton's role in them. It was founded by attorney Larry Klayman, and has been led by Tom Fitton since 2003.
The National Legal and Policy Center(NLPC) is a conservative 501(c)(3) non-profit group that monitors and reports on the ethics of public officials, supporters of liberal causes, and labor unions in the United States. The Center files complaints with government agencies, legally challenges what they view as abuse and corruption, and publishes reports. The NLPC is described as conservative in nature. The NLPC's current chairman is Peter Flaherty.
Thomas J. Fitton is an American conservative activist and the president of Judicial Watch.
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings, and is nearly as old as the better-known indictment, with which it has always coexisted.
Larry Elliot Klayman is an American attorney, right-wing activist, and former U.S. Justice Department prosecutor. He founded both Judicial Watch and Freedom Watch.
Harold Charles "Hal" Turner is an American political commentator and convicted felon from North Bergen, New Jersey.
The Barack Obama assassination plot in Tennessee was a plot by Paul Schlesselman and Daniel Cowart to assassinate Barack Obama, who was then the 2008 Democratic Party presidential nominee. The two men—both Neo-Nazi white power skinheads—spoke of killing Obama during a planned murder spree of 88 African Americans in Tennessee, 14 of whom were to be beheaded, many of whom were young students at an unidentified, predominantly black school.
At approximately 12:50 p.m. on June 10, 2009, 88-year-old James Wenneker von Brunn entered the United States Holocaust Memorial Museum in Washington, D.C., with a slide-action rifle and fatally shot Museum Special Police Officer Stephen Tyrone Johns. Other special police officers returned fire, wounding von Brunn, who was apprehended.
Jerome Robert Corsi is an American conspiracy theorist and author. His two New York Times best-selling books, Unfit for Command (2004) and The Obama Nation (2008), attacked Democratic presidential candidates and have been criticized by opposition.
Numerous lawsuits and ballot challenges, based on conspiracy theories related to Barack Obama's eligibility for the United States presidency, were filed following his first election in 2008 and over the course of his two terms as president. These actions sought to have Obama disqualified from running for, or being confirmed for, the Presidency of the United States, to declare his actions in office to be null and void, or to compel him to release additional documentation related to his U.S. citizenship.
Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.
Wong Wing v. United States, 163 U.S. 228 (1896), was a United States Supreme Court case in which the Court found that the Fifth and Sixth Amendments to the U.S. Constitution forbid the imprisonment at hard labor without a jury trial for noncitizens convicted of illegal entry to or presence in the United States.
In re Oliver, 333 U.S. 257 (1948), was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings. The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance.
Dabney Langhorne Friedrich is an American attorney and jurist serving as a United States district court judge of the United States District Court for the District of Columbia. She previously served as a member of the United States Sentencing Commission.
This is a timeline of events in the first half of 2019 related to investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections, both before and after July 2016, until November 8, 2016, the transition, the first and second halves of 2017, the first and second halves of 2018, and followed by the second half of 2019, 2020, and 2021.
Department of Justice v. House Committee on the Judiciary (2020), No. 19-1328, was a court decision by the United States Court of Appeals for the District of Columbia Circuit. The case weighs whether a committee of the House of Representatives can assert the House's "sole power of impeachment" to subpoena materials gathered as part of a federal grand jury investigation which are ordinarily secret. Due to changes in the government by the time of the 2020 election, many of the aspects leading to the case have become unnecessary, and the Supreme Court ruled the case moot in orders released in July 2021.