No. 25-6171

Aldo DiBelardino v. Jason S. Miyares, Attorney General of Virginia, et al.

Lower Court: Fourth Circuit
Docketed: 2025-11-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights due-process fifth-amendment fourteenth-amendment grand-jury law-enforcement
Latest Conference: 2026-03-20 (distributed 2 times)
Question Presented (from Petition)

1. Does the systematic manipulation of our grand jury
authority —contrary to its constitutionally intended role as a
"protector of citizens [the People] against arbitrary and
oppressive governmental actions," as affirmed in United States v.
Williams (1992) —violate the Fifth and Fourteenth Amendments '
due process guarantees, as evidenced by:
o the Fourth Circuit Court of Appeals ' October 24, 2024
rulings in Nos. 24-1269 and 24-1843,
o the ongoing law enforcement abuses exemplified by the
Rolin Hill homicide cover-up, and
o the sustained lawfare campaign against President Trump
and affiliated People?

2. Has the federal judiciary 's suppression of the People 's Fifth
Amendment right to directly access and petition our grand
jury—originating with the 1946 Federal Rules of Criminal
Procedure —effectively amended the Constitution without lawful
process, violating due process and barring the People from
initiating "ex mero motu " grand jury proceedings with plenary
subpoena power to secure justice?

3. As affirmed in Printz v. United States (1997), does the sheriff, as
the highest constitutional law enforcement officer in each county
or equivalent, have the authority and duty to safeguard the
People 's right to grand jury oversight as an essential mechanism
for restoring due process, securing constitutional rights, and
ensuring government accountability?

Question Presented (AI Summary)

Whether the systematic manipulation of grand jury authority violates due process guarantees under the Fifth and Fourteenth Amendments, and whether the federal judiciary's suppression of the People's Fifth Amendment right to directly access and petition grand juries effectively amends the Constitution without lawful process

Docket Entries

2026-03-23
Petition DENIED.
2026-02-26
DISTRIBUTED for Conference of 3/20/2026.
2026-02-23
Waiver of Peter V. Chiusano of right to respond submitted.
2026-02-23
Waiver of right of respondent Peter V. Chiusano to respond filed.
2026-02-09
Petitioner complied with order January 20, 2026.
2026-01-20
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 10, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-16
Waiver of right of respondents Mark S. Smith and Roger J. Griffin to respond filed.
2025-12-16
Waiver of right of respondent Kristi A. Wooten to respond filed.
2025-12-10
Waiver of right of respondent Peter V. Chiusano to respond filed.
2024-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2025)

Attorneys

Aldo DiBelardino
Aldo DiBelardino — Petitioner
Kristi A. Wooten
Julie S. PalmerHarman, Claytor, Corrigan & Wellman, Respondent
Mark S. Smith and Roger J. Griffin
William L. Mithcell IIEccleston & Wolf, P.C., Respondent
Peter V. Chiusano
James Arthur Cales IIIFurniss, Davis et al., Respondent