© 1994 - 2007
Against the Grain

Site Design, Hosting and Logo
by DNA Web Media

The 5th Circus Clowns Have Been Drinking a Fifth!
Gotta Be to Make Decisions The Make!

July 1, 2007

Hello, Folks;

One only needs to read the case of U.S. v. Mitchell, 484 F.3d 762 (5th Circuit 2007) to come to the unalterable conclusion that the so-called judges of the 5th Circus Court of the Ridiculous have to be drunk.

In this case, clowns King, Garza, and Prado make a finding that "We do agree, however, that there was a variance between the language of count two and the evidence presented at trial;***."

Usually, folks, a material variance is fatal to a prosecution, but not in the 5th Circus.

Here the so-called court of black-robed imposters firmly take the prosecution's case in hand, act as an arm of the U.S. Attorney's Office, and grease the skids on Mr. Mitchell.

The clowns decide the variance does not affect the defendant's rights (Page 772-773) and invoke F.R. Cr. P. Rule 31 (c) stating that "31 (c) permits conviction of a lesser included offense of the charged offense even though the lesser offense was not charged in the indictment."

Well, Folks, there goes the 5th Amendment's double jeopardy and due process clauses out the window, along with the guts of the 6th Amendment jury clause. Whoops! I forgot the Grand Jury Clause of the 5th Amendment, but, then again, so did the clowns in the 5th Circus.

In this case, rather than tossing out the conviction, which according to the Bill of Rights and their Oath Of Office they were duty bound to do, they scheme a slimy path around the documents and contrive to make a so-called judicial finding that Mitchell is guilty of something not charged in the indictment. Hey! Why do we need courts anyway? Just arrest somebody and they are guilty, without all the time and effort of a trial. It has the same net effect.

Join the No Vote Party and run these fools out of office!

D. Tom