Mary Maxwell, Time To Overturn Marbury v Madison? Too Bad Scotus Botched 9/11

Mary Maxwell, LL.B., Ph.D.

Did the Framers of the US Constitution in 1787 genuinely wrack their brains to come up every possible power-constraining mechanism for citizens to use against an evil government? I don’t know.  But, as I will argue below, any omissions on their part can be filled in by other mechanisms that are present in the Constitution. Don’t give up hope!

One huge omission at the Philadelphia Convention in 1787 was the Founders’ failure to raise the question: What if some Americans become so wealthy that they can control government by bribes? Admittedly, they mentioned ‘bribery’ as a cause for impeaching presidents and other officers, but what if the potential impeachers (all members of Congress’ lower house) got bribed out of their minds?

As apparently they are today.

Another omission: What if one of the three branches of government grabbed for itself the right to be THE interpreter of parchmentese? The judicial branch did just that in Marbury v Madison in 1803. They declared parts of an Act of Congress (The Judiciary Act) unconstitutional, and this has bequeathed to these Justices, rightly or wrongly, the honor of being the interpreter. Such a role for the judiciary is not granted to them in Article III, which specifies all their powers.

After some recent behaviors of SCOTUS, I am no longer willing to let them have the last word on anything. They killed the Fifth Amendment by allowing a man to be strip-searched when arrested for a traffic violation (the Albert Florence case), they scrunched up the Fifth Amendment’s right to keep your castle (in Kelo v London), and they basically killed democracy with Citizens United, in 2010, by allowing SuperPACs to contribute limitless funds to candidates.

What Does Scotus (Supreme Court othe United States) Say about 9/11?

Owing to other travails that caught our attention here at — not mentioning any names (vaccination, child trafficking by the Family Court, etc.) — I didn’t notice back in January 2023, that Scotus had outdone its previous treachery. (Yes, I said treachery). It told some 9/11 plaintiffs that they did not have the right to submit information about crime to a Grand Jury.  How did this not make headlines?

Oh, never mind, we know why it did not make headlines.

Luckily for me, the Boston for 9/11 Truth group asked me to address them on September 21, 2023. (Which, I cannot fail to say, is the 12th anniversary of the execution by Scotus, of a good man, Troy Davis, at the tender age of 41. So sorry, Troy.)

Here’s the deal on the 9/11 case.  You may recall Bobby McIlvaine, the father of a man who died in the lobby of the WTC.  Dee McLachlan wrote about him here in 2014. He was trying to get the City of New York to do an investigation.  Later, he became one of the plaintiffs in the federal case at hand.

All 9/11-related cases have been “required” to go to one US District Court, namely the famously corrupt SDNY, Sothern District of New York. ‘Our’ plaintiffs filed and were dismissed, as follows:

Lawyers’ Committee for 9/11 Inquiry, et al. v. William P. Barr, Attorney General of the

United States, et al., Case No. 1:19-cv-8312-PGG, issued its Order dismissing Petitioners-Plaintiffs-Appellants’ claims on March 24, 2021. for lack of standing.

Don’t you love it? Then they filed an appeal.  On August 5, 2022, the Second Circuit, Case No. 21-1338-cv. dismissed it also.  The next attempt was to ask Scotus to adjudicate it.

Scotus gets thousands of “petitions for certiorari” every year, but it agrees to hear only hundreds. You may think that a 9/11 case coming before the Justices, twenty years after the event, was one of the hundreds they should take.

It contained a challenge to the NIST theory that fires had caused the Towers to fall. (NIST stands for National Institute of Standards and Testing.) The Lawyers Committee for 9/11 brought in the research done by scientists at University of Fairbanks, Alaska.

Having been dismissed at Appeals, the plaintiffs asked Scotus to answer four questions. But the Justices declined– they didn’t take the case. I’ll have to say this is really a shock. They dared to prevent citizens from approaching the Foreman of the sitting New York grand jury with the Alaskan data that upends the NIST finding, i.e., the party line. (Strictly speaking, the appeals judges had said that the US Attorney could not be forced to hand the stuff to the Foreman.)

I didn’t realize Scotus would have the chutzpah to refuse to grant certiorari. They answered the plaintiffs’ following four questions by saying “Hasta la vista, Sayonara, Toodles, and Would you mind dropping dead, thank you.”

The four questions, lightly abbreviated by moi, are:

  1. Did the … Second Circuit Act Contrary to the Constitution When It Held that 9/11 Victim Family Members, … Needed to Assert Additional Harm Beyond a Violation of a Constitutional Right to Have Article III Standing to Seek Judicial Remedies.

  2. Did [it] Act Contrary to the Constitution When It Held thatFederal Grand Juries Were Not Entities of the Federal Government to which the First Amendment Right to Petition Applies? [Personally, I don’t think the Grand Juries are entities of the government!]

  3. Did the … Second Circuit Undermine the Constitutional Independenceof the Grand Jury When It Refused to Enforce the Mandatory Duty Imposed Explicitly by Congress and Implicitly by the Constitution [5th Amendment] on United States Attorneys to Relay Citizen Reports of Federal Crimes to a Grand Jury, and Left to the Complete Discretion of the Department of Justice What a Grand Jury Is Allowed to See and Consider?

  4. Did [it] Create a Clear Split Amongthe Federal Circuits When It Decided To Not Adopt the Ninth Circuit’s Rule that Ministerial Records of a Federal Grand Jury May Be Made Available to the Public? [Personally, I don’t think SCOTUS is ever forced to take a case as a way of settling inter-circuit discrepancy.]

Note: I am not saying that Scotus “ruled” against the plaintiffs.  They chose NOT to rule. Four out of the Big Nine have to say Yes to accept a case. (But in my heart of hearts I know they “ruled.”)

Hasta la Vista, Marbury V Madison

It’s time to undo Marbury v Madison (1803). As I said, Scotus has recently shredded the parchment in, say, Florence, Kelo, and Citizens United. It misinterpreted clauses that no one had ever dreamed of misinterpreting. Those were positive decisions, while the refusal to “grant Cert” in this 9/11 case is technically a non-ruling. But for Scotus to fail to stand up for the citizens’ right to direct a grand jury is far out, man. It’s far, far out.

This must stop. Indeed, if we don’t stop it, we are ‘conditioning’ ourselves for more of same.

So where to look for other mechanisms? I note that there is certainly no constitutional requirement that every 9/11 case go to just one US District Court. Theoretically, even at this late stage, plaintiffs could bring their plaint to another US District Court.  How about the one in Alaska, since as mentioned, the University of Fairbanks has provided the challenge to NIST?

(The wording of the case can be altered, to make it not identical to the SDNY adventure.)

But an even better idea is to forget the feds. The 50 states all have their own courts and their own supreme court. On the day of 9/11, there were casualties of men and women from nearly every state. This makes the courts of those states a proper place to go.

And since the gist of the filing is that the NIST decision is wrong, one could argue that the US government was wrong to assign blame to the alleged hijackers, as the fuel-fires from planes are insufficiently hot to melt steel. The sequelae to the US government’s mistake include Congress’ being railroaded into passing the Patriot Act, on September 14, 2001.

Mind you, I don’t think Congresspersons were railroaded; they are big boys and girls with responsibilities to their constituents. But the point is for state sovereignty to assert itself, based on damage done to that state’s citizens, via all the Patriot Act garbage.

In New York state, a plaintiff would also be able to re-open everything about 9/11 merely by claiming that she suffered from the aftereffects of the fall of the towers. One aftereffect was respiratory disease, suffered by many First Responders. Such a claim would lead to the question: What was in the air? Was it exploded cement? Or did it contain stuff that suggests nuclear weapons or Directed Energy Weapons?

My recommendation for a choice of state court would be Massachusetts. I hear you say, “No No, they botched the Marathon Bombing case.”  I reply “No, no, that was a federal court with Judge George A O’Toole, Jr in the driver’s seat.  Just go to a local court in, say, Worcester, Mass. Remember when Bruce Henry told us about the march from Providence Rhode Island to Worcester?  (An article that got great comments.)

POSTSCRIPT: If Congress is feeling its oats, it can show its displeasure by impeaching all the Nine Justices.  Or just 6, if 3 actually nodded to a granting of cert. Generally, that information is not public, unless a justice writes a dissent to the refusal.

Hope I haven’t given the impression that I don’t want courts to declare void a law that violates the Con. Of course I want everybody to do that. See the section “Denounce Nullables” in my book Prosecution for Treason.

But the legal fraternity has taken Marbury v Madison, smack dab, as the reigning truth that the US Con rests finally in the hands of the Nine (or the 35 if we go in for packing.)

How awful. Yet how typical of the human Brian to go in the direction of responding, in toto, to a small signal or symbol. I hereby declare Sept 21, 2023 as the day that the Marbury case stopped being the Sole Repository.

Why Sept 21? Because I am aggrandizing myself for having given the little speech on that day, about the 9/11 cert-denial. Also, as I said, Troy Davis. And just for titillation’s sake I now mention that Sept 21 is on the Occult calendar.

Hey you jerks out there who believe in the occult, get a grip, would you?

Note: Further to the matter of nullability. Most Murkins are still not clear on their right, as jurors, to use nullification to put paid to a bad law.

And which state governor has nullified a congressional law since 1798 when Virginia and Kentucky did so in no uncertain terms? Hmm. Seems a long time ago. But Sheriff Mack, on nearly the bicentennial of that show of idealistic force, won his case — UNANIMOUSLY — at Scotus. I am referring to Prinz v US (1997).  It says state police can’t be mandated to carry out federal chores.



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8 thoughts on “Mary Maxwell, Time To Overturn Marbury v Madison? Too Bad Scotus Botched 9/11”

  1. Off topic.

    Trump or any other Repub candidate has NO chance to win the 2024 Election. Why? The Democrats will cheat big time, just as they have done in the past two elections. Why do the Democrats cheat? Because there is NO punishment. They have millions of phony ballots just waiting to stuff the boxes…and win. If they want Michelle for President, she will win thanks to cheating.

  2. In Jim and Jack Mullen’s “All Things Reconsidered” episode from Sept. 24th , Jack explains the commenting system on the “All Things Reconsidered” site, which I think parallels the commenting system on this blog.

    Plus, Jim gives a special shout-out to EJ Doyle.

    From the transcript:

    Jack: And anyone listening that wants to ask Jim a question or make a comment, please do so on the articles. I know Jim looks forward to seeing them. And we also had an issue with spam in the email, and Jim and I talked about that a little bit, but we made it so that comments had to be approved. Many may remember there was a time not long ago when there was a lot of terrible spam being shown up on the and a lot of it was derogatory towards Jim.

    So in a case where we’re getting a barrage, the only thing that we know what to do at the time is to shut it down so that it has to be moderated. Jim and I are going to talk about whether we’re going to bring that back to life again the way it was and just try to deal with it. We have to have more people look at it more often to get rid of the spam.

    And spam is a scourge of our time, too. No matter what tool you use, the people creating it create a better one. It’s an escalation that never seems to so anyway, I apologize if somebody’s been thinking they’re being blocked. You’re actually just…

    Jim: I’m sorry to say, a long timer. EJ Doyle, if you’re out there, I’d love to have you back. EJ, I tried to write you, but apparently you blocked me thinking I had somehow blocked you, which was untrue, let me say.

    When you’re over the target, Jack, as they say…


    The “All Things Reconsidered” videos that Jim and Jack make every week at that site are full of insightful discussion. Check it out.

    1. Thanks Toni.
      To Jim if you read this I haven’t blocked you at any point in our dozen + year relationship.
      I recently had to change my email address of that long a time as the new owners of have devastated it trying to emulate the gmail nonsense style to make it “modern.”
      Been trying to change it on the site here about five times, even sent you an email to your University addie about it.
      I wait with my application open for a very long time with no result for the validation email to arrive at my new addie.
      My new addie Jim is: the ej doyle @ proton dot me.
      My best.

    In an April 1967 clandestine services unit dispatch, as part of its psychological warfare operations, the CIA coined the term “conspiracy theories” recommending methods for discrediting such “theories” (originally for anti-war activism.) It is now the “C” word for branding all social/political activists and activism. Using the weapons of mass distraction of Freud, Bernays, Skinner, Pavlov, etc. the entertainment and media businesses have disabled true cognitive thinking skills.

    All the myths and desired mind perspectives that work for keeping the masses lost in lies like overpopulation, climate change, child protective service kidnappers and trafficers, taxes, and enforced public “education” to indoctrinate children with disinformation, teaching them about fabricated historical events, and pumping them full of false narratives.

    That is why the big business of “higher” education is so important to them and why “sheepskin” status trumps auto didactic effort. Just like in medicine where you can’t profit from healthy people, free thinking people who have avoided the gaunlet of same-think can’t be fooled.

    There is a common lie that is pushed that “People get the government they deserve.” Americans have been victimized into their lethargy. The exchange is for addictions and addictive behavior…celeb worship; shiny stuff like new cars, boats, etc.; alcohol, sugar, and white flour addiction, and on and on.
    – – – – – – – – – – – – – – –
    “The drive . . . is to create a one world government … Do I mean conspiracy? Yes I do. I am convinced there is such a plot, international in scope . . . .”
    – Congressman Larry P. McDonald
    – – – – – – – – – – – – – – –
    Interestingly, like the fate of Senator Paul Wellstone, JFK Jr., Congressmen James A. Traficant, and Sonny Bono, Senator John Heinz III on April 4, 1991, the next day his partner in investigation John G. Tower, he was “killed” while a passenger on board Korean Air Lines Flight 007 when it was “shot down” by Soviet interceptors.

    So, IMO, while Ms Maxwell is quite articulate and knowledgeable, she may ponder on a what Justice Frankfurter offered 70 years ago:
    – – – – – – – – – – – – –
    “The real rulers in Washington are invisible, and exercise power from behind the scenes.”
    – Supreme Court Justice Felix Frankfurter, 1952
    – – – – – – – – – – – – –

    Wow, lawyer-speak that is WAY above my pay grade. 🙂

    Guess we could address the significance of what “Passing the BAR” means or why gold braid around courtroom Flags, or the lack of any term limits in Congress or SCOTUS, or why “official” government correspondence to you has your name in ALL CAPS, etc. But that would getting too close to the truth.

    We’ve NEVER been a “Democracy.” Our laws and regulations are written by lawyers, enforced by lawyers (Judges) and ‘well intentioned’ law enforcement (no longer peace officers,) and in$pired by the controllers, billionaires, banks, corporations, the entertainment and media businesses, etc. all pushing the ruse.

    In 1604, a group of leading UK politicians, businessmen, merchants, manufacturers and bankers formed a corporation called the Virginia Company in anticipation of the imminent influx of white Europeans into the North American continent.

    After the original American colonies won their ‘independence’ and an ‘independent’ country was formed after 1783, the Virginia Company simply changed its name to… the United States of America.

    There are two USAs (USA and usA.) The united states of America with a lower case ‘u’ and ‘s’ are the lands of the various states. The United States of America, capital ‘U’ and ‘S’ is the 68 square miles of land on which is built the federal capital, Washington DC and the District of Columbia.

    The United States of America is not a country, it is a corporation owned by the same folks (Illuminati, NWO, Pick-A-Name, etc.) bloodlines who owned the Virginia Company, because the USA is the Virginia Company! Hence POTUS is the “Chief Executive.”
    – – – – – – – – – – – – – – –
    “The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.”
    – J. Edgar Hoover
    – – – – – – – – – – – – – – –

  5. Mary, it’s understandable that you distrust SCOTUS. But 911 is only the tip of the iceberg. What about their refusal to hear a 2020 electoral challenge from 18 (!!!!) state attorney generals, their shredding of the First Amendment right of assembly during COVID, their refusal to allow a census question in 2020 on citizenship (even though it had been asked for 150 years without challenge), etc.?

    And SCOTUS itself is just the tip of the iceberg. No federal or state court in the nation has agreed to hear evidence of the massive electoral fraud across most of the nation in 2020, no federal or state court has agreed to hear the facts about 911, etc. (BTW, there have been cases filed in other districts the SDNY, one relating to the Pentagon bombings filed by April Gallop, but all were dismissed summarily.) And when a “trial” is held–such as Kari Lake’s current one questioning ballot signatures and Jim Fetzer’s Sandy Hook civil trial, judges don’t even allow the presentation of forensic witnesses!

    Jefferson was extremely distrustful of having a Supreme Court play a major role in political disputes. I don’t agree totally with that argument, since SCOTUS is theoretically a check against the overturning of civil liberties by the other two branches of government. But what we have now in the United States is that all three branches of government are rotten to the core, along with the media, academia, medical establishment, NGO’s, and a host of other once-virtuous institutions.
    It will take the destruction of the U.S. economy–perhaps not long in coming–to finally awaken people enough to throw out the sinister elites.


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