Last summer, Frank Rocco Giustino began unceasingly sharing images of judges’ oaths all over Xitter. You might have even seen them yourself.
All he wanted was proof of bond in the form of a proper oath of office for the judge presiding over his J6 case. But September 29 of this year, Frankie didn’t appear for his sentencing hearing, and Judge Boasberg issued a bench warrant for his arrest.
Then, October 18, Frankie went silent. I knew they had come for him.
I reached out to Frankie’s mom who told me that two U.S. Marshals showed up at their Florida home and that he peacefully cooperated in his arrest.
Frankie was originally arrested in January 2022, in New York, for his alleged actions at the Capitol on January 6, 2021. He shared his story on Justice In Jeopardy.
After being released on bond, he was represented by a public defender as well as by private attorney, Carolyn Stewart. He fired them both and was defending himself (pro se) when I witnessed Judge Boasberg in the courtroom request that a bench warrant be issued in response to Frankie’s failure to appear.
Frankie didn’t show for his sentencing hearing because he truly believes in his heart that they have no jurisdiction over him. Ironically, Frankie’s surname, Giustino, (pronounced just-EE-no) comes from the Italian word for “justice.”
This is all that is docketed regarding his arrest in the Public Access to Court Electronic Records:
There is no signed and dated warrant docketed. According to Frankie, none was shown by the U.S. Marshals at his arrest. Frankie’s court assigned public defender at his latest hearing in Florida, Sylvia Irvin, could only produce an unsigned, undated warrant to show Frankie.
Frankie believes he was railroaded into a plea bargain by both his original public pretender, Evan Sugar, and the prosecutors. He says he was shown the plea deal and Statement of Offense for the first time on Feb. 1, 2023, and made to hastily sign the deal on the same day right before his hearing with Judge Boasberg. For unknown reasons, those two documents were sealed in his case until August of this year.
The plea deal he signed stipulated pleading guilty to a misdemeanor– Parading, Demonstrating, or Picketing in a Capitol Building with the government requesting 4 months incarceration.
Frankie claims that both his former counsel, Stewart, and latest public defender, Irvin, stated that with all the sealed documents, it looked like he was cooperating with the government. He vehemently denies, on public record, that he ever has.
“Frank is not an informant, nor in any cooperation deals with the government.”
He also says Stewart told him that former PD, Sugar, failed to bring up an opportunity to file a motion to dismiss with prejudice when he was not charged for over a year after his arrest. In fact, Frankie has several complaints about Sugar’s counsel.
Frankie claims Sugar initially encouraged him to use a FOIA request for the judges’ written oaths, but months later, when the Howell and Boasberg oaths were in hand, Sugar refused to file Frankie’s 20-page Refusal for Cause with the court for fear of sanctions.
No debrief, although Frankie claims one was promised, ever took place to discuss the plea. His initial sentencing hearing was approaching, and Sugar had not provided a Sentencing Memorandum or a Pre-sentencing Investigative Report. Frankie says Sugar ignored him until the last week before sentencing.
Then there was the exculpatory video footage Frankie says he viewed in Sugar’s office that was never provided to the court as requested. Frankie is seen in police body cam footage (grey hoodie) standing between protestors and police at the Capitol begging for peace and no violence.
The responses he received from a FOIA (Freedom of Information Act) request and in Judge Boasberg’s DC District Court confirmed for Frankie what he believes to be a kangaroo court.
Here is the statute, including a slight amendment to the oath requirements:
These are the oaths Frankie received following his FOIA requests. The red writing is his. Note the capitalization of “SO HELP ME GOD.” He submitted these to the court as improper oaths and “Refusal for cause.”
Here is an example of a proper oath by the Honorable William Rehnquist.
The Honorable Brett Kavanaugh also appears to have a proper oath. This page was filed with the court in Frankie’s Allocution. The witness signature is questionable, perhaps. It appears it could be Kavanaugh’s signature with a different slant.
Frankie believes he has demonstrated the proof needed to expose a fake justice system with fake judges in fake court.
I asked J6 attorney and Libertarian, Roger Roots, to check in to get a legally educated opinion on the validity of Frankie’s argument.
Don’t skip this listen. (And this quote does not refer to Frankie.)
“The law should allow a schmuck who doesn’t know shit to be properly acquitted.”
Roger Roots
On September 26, Frankie submitted his Interlocutory Allocution to the court. Here is the full document.
Frankie has been accused of being a “sovereign citizen,” But that isn’t the case at all. If he were, he wouldn’t care about the oaths. If Chief Judge Boasberg could produce a valid oath, Frankie says it would put him at ease in the courtroom.
Regarding recent U.S. Supreme Court case #22380, Brunson v Adams, Raland Brunson points out:
“If there is no penalty for violating the Oath, then it is not binding.”
Deron Brunson said in an interview, “The Oath of Office is the chain that binds the constitution. If we can … hold people accountable to their violation of the Oath of Office it will save the Constitution.”
Frankie was moved from Pasco County to Henderson County, and then to Pinellas County Jail. Or as former inmate, Jeremy Brown refers to it, “The Pinellas County Jail for Threats to Democracy.” while awaiting transfer to the DC Gulag.
Monday, November 6, Frankie was transferred out of Pinellas by U.S. Marshals and taken to Oklahoma City Federal Transit Center. He was there all week with no contact with family. His mother received a message requesting contact from CorrLinks, the email app used for inmates to communicate with friends and family, but she never received an email or phone call.
Monday, November 13, Frankie arrived in the DC jail where he was housed in maximum security with another J6 defendant and eventually joined by John Sullivan who was taken into custody after being found guilty on all 7 counts in his J6 trial last week.
Tuesday in Judge Boasberg’s courtroom, Frankie stood before the bench in orange, with a U.S. Marshal relaxed, but close behind him. The judge reiterated why he had him arrested as he had (unintentionally) missed a previous hearing and had been warned in detail that doing so again would result in arrest.
Frankie represented himself pro se and requested to see the signed and executed bench warrant. Boasberg basically blew that off.
“I condemn all violence before civil discourse. I’m sure you’ve seen the video of me. I had my hands clasped begging for no violence on both ends. The police were there doing their jobs. I was spit at and called a traitor,” Frankie informed the court.
At that time, Frankie began to read his Allocution previously filed with the court.
“Comes now, Frank Rocco of the GIUSTINO family and Redeemed. Title 12 USC §411 allows for “Them”, “They shall be redeemed…” to make demand and be removed from the national debt Special Drawing Rights (SDR) in the same sense as the original verbiage at Section 16 of the 1913 Federal Reserve Act….”
“I’m not going to sit and listen to something irrelevant to your case,” explained a frustrated Judge Boasberg.
“It’s not some sovereign citizen crap. There is clear violation of Code 453.”
Frankie continued reading the Allocution.
The judge stopped him again.
“If you don’t think the prosecution is valid, you can drop your plea. It sounds like you don’t think it’s a valid court.”
“I don’t want to drop my plea.”
“One thing the government pointed out is that over the past year your lack of respect for the government and court…your cursing and lack of respect…”
Top notch, Frankie. I’d fistbump you if I could.
“I was simply questioning the jurisdiction. I asked you , Mr. Boasberg, and I received silence. It was a plea, or a cry even. Evan Sugar ignored me for 5 weeks.”
“Do you wish to withdraw your plea for ineffective counsel?”
“I would only withdraw the plea if the case were to be dropped. I would like to be released with time served. I have never shown lack of remorse. I realize I was in the wrong place at the wrong time.”
Turning to the prosecutor, Frankie said, “I apologize for cursing at you Mr. Collier.”
Doug nodded.
“As I’ve said many times in this courtroom, the hallmark of democracy is the peaceful transfer of power. The president who had lost an election should have peacefully stepped down. You were part of that mob. You were at the lower end.
“I have sentenced people who brought guns, assaulted police officers… You are charged with one misdemeanor with a maximum sentence of 6 months… Your conduct in the courtroom was the most disrespectful I have witnessed.
“I’m going to give you a 90 day sentence with credit for time served, $500 restitution, and a $10 fee.”
“I would like to enter “No contendo.”
“I don’t see how that makes sense in this situation, but okay.”
“No contendo.”
Court adjourned.
