IMPEACHABLE OFFENCES

IMPEACHABLE OFFENCES?

When the Supreme Court declared citizens arrested under Section 26 U.S.C. 4744(a)(2) of The Marijuana Tax Act to be protected by the 5th Amendment in Leary v United States (395 US 6 1969) it also invalidated a section of U.S. law - 21 U.S.C. 176a - as it denies Due Process. 176a stated the following - "...A criminal punishment shall be imposed upon every person who knowingly, with intent to defraud the United States, imports or brings into the United States marijuana contrary to law... or receives, conceals, buys, or in any manner facilitates the transportation, concealment, or sale of such marijuana after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law... Whenever on trial for a violation of this subsection, the defendant is shown to have or to have had the marijuana in his possession, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains his possession to the satisfaction of the jury..."

The Court found, based on Tot v United States (319 u.s. 463), United States v Gainey (380 U.S. 63) and United States v Romano (382 U.S. 136) that there must be a rational connection between the facts proved and the facts presumed. The Court further stated "...Under our decisions, a statutory presumption cannot be sustained if there is no rational connection between the fact proved and the ultimate fact presumed, if the inference of the one from proof of the other is arbitrary because of lack of connection between the two in common experience. This is not to say that a valid presumption may not be created upon a view of relation broader than that a jury might take in a specific case. But the inference is so strained as not to have a reasonable relation to the circumstances of life as we know them, it is not competent for the legislature to create it as a rule governing the procedure of courts..."

Taken together, Tot, Gainey, Romano, Leary, Marchetti, and Grosso pose an interesting problem for the Government. It is well within the realm of interpretation that Leary finally legalized the sale, possession, transportation, growth and use of Cannabis. If so, then the Controlled Substances Act and the three United Nations Treaties we operate the Drug War under are also unconstitutional. Is the Attorney General and the Administrator of the D.E.A. guilty of TREASON and HIGH CRIMES against the Sovereign and therefore subject to Impeachment - YOU DECIDE