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The Trump Administration Is Not A Friend Of Justice

“That it is better that one hundred guilty persons escape than that one innocent person suffer.” ~Benjamin Franklin

The Trump Administration Is Not A Friend Of Justice

The Trump Administration Is Not A Friend Of Justice

The prosecutor has more control over life, liberty and reputation
than any other person in America,” ~Robert Jackson, former Attorney General

by Loren Edward Pearce

It has been said that the Federal Prosecutor, aka U.S. Attorney, is the most powerful law enforcement official in the country, the king of the courtroom and the driver of what is egregiously wrong with our United States justice system.

In the Bundy, Hammond and other trials, we witnessed first hand, with high definition clarity, the breath taking misconduct of the federal prosecutors and, like a man opening a bag of torture tools, used lies, plea agreements, minimum sentences, grand jury indictments, etc. as tools to torture his innocent victims and to win at all costs.

Now, under Trump appointed Attorney General Sessions, the manual or handbook used by prosecutors to do their jobs has been modified to reflect Session’s focus on getting “tough on crime.”

Tough On Crime Is Tough On Civil Rights

The guiding principle for Sessions, as he directs the Department of Justice (DOJ), is to get tough on crime. That may sound good on the surface, but behind that principle is the very thing that our founders wanted to prevent. Getting tough on crime is a “wolf in sheep’s clothing.”

Getting tough on crime is a pretext to concentrate more power in centralized government. Getting tough on crime is a twin to getting tough on terrorists, which gave us many unconstitutional laws such as the Patriot Act, the FISA court and the revelations by Snowden on the many outrages committed by a secret, powerful and invasive government.

The tough on crime excuse gave us many erosions of our Bill of Rights and has given us such things as the Bail Reform Act (BRA) which murdered a presumption of innocence until proven guilty. It is the BRA which gave Navarro and Brown the power to throw innocent Bundys and their supporters into prison, prior to trial, prior to conviction.

Sessions Likes Minimum Sentences

With the modification of the prosecutor’s manual, comes a deletion of language that protected defendants from minimum sentences.  The manual now reads: “Once the decision to prosecute has been made, the attorney for the government should charge and pursue the most serious, readily provable offenses. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.”

Under Sessions’ policy, prosecutors can still bring charges that aren’t the most serious ones possible, but that must be approved by a superior. The new version also removes Holder-era language that outlined circumstances when prosecutors should consider not pursuing charges that carry mandatory minimum sentences.

Minimum sentences are what prosecutors used to make life a hell for the Hammonds. The Hammonds and many other people, languish in prison due to the mandatory minimum sentences which are like a bear trap that, instead of trapping bears, traps innocent people and makes them suffer because of the minimum sentence.

Sessions Wants Greater Power For Prosecutors

Several sentences that broadly referred to limits on prosecutors’ power were removed from entries that otherwise stayed largely intact.

In a section titled “Principles of Federal Prosecution,” the preface was edited in February to remove this sentence: “The manner in which Federal prosecutors exercise their decision-making authority has far-reaching implications, both in terms of justice and effectiveness in law enforcement and in terms of the consequences for individual citizens.”

Sessions Doesn’t Like Freedom Of The Press Nor Public Trials

In the Buzzfeed article, it states, “A subsection titled “Need for Free Press and Public Trial” was removed entirely. That section, which was included in versions of the manual at least as far back as 1988, according to DOJ archives, read as follows:

Likewise, careful weight must be given in each case to the constitutional requirements of a free press and public trials as well as the right of the people in a constitutional democracy to have access to information about the conduct of law enforcement officers, prosecutors and courts, consistent with the individual rights of the accused. Further, recognition should be given to the needs of public safety, the apprehension of fugitives, and the rights of the public to be informed on matters that can affect enactment or enforcement of public laws or the development or change of public policy.”

It goes on to say, “At a press conference in August, Sessions denounced leaks and announced that the department was reviewing its policies for subpoenaing reporters. Those policies had been adopted under former attorney general Eric Holder after revelations that federal investigators had gathered emails and phone records from journalists.”

Those of us who attended the trials, witnessed the oppressive opposition to public access to trials with many closed hearings. People with press credentials were often barred from attending the open hearings. The “behind closed doors” policy of the courts is bolstered by Sessions’ changes to the manual.

Sessions Likes Pleas Agreements

The article states, “In a subsection about entering into plea agreements when a defendant denies guilt, these sentences were taken out: “Such pleas are particularly undesirable when entered as part of an agreement with the government. Involvement by attorneys for the government in the inducement of guilty pleas by defendants who protest their innocence may create an appearance of prosecutorial overreaching.’” 

We saw for ourselves, how plea agreements have unjustly affected defendants such as Jerry DeLemus, Bill Keebler, and several others.

Plea agreements are a result of a system that imprisons innocent defendants, prior to trial, wears them down emotionally and physically, and coerces them into signing the agreements to “get it over with”. How is this justice?

Among the many tools in the prosecutors torture tool bag, plea agreements are among the most sinister.

What Can We Do About It?

One of the most evil aspects of the revised prosecutor manual is that it was done without public oversight, without public input or public approval, underscoring once again, the enormous power of federal bureaucrats who have long forgotten the meaning of “public servant”.

What can be done about it?

  1. Wake other people up about these injustices. Bring the subject up at social gatherings, religious classes, and wherever and whenever you have the chance. You may be unpopular for bringing it up, but truth is often not popular. As the Bundys often say, “do what is right, let the consequences follow”.
  2. Meet personally with your elected representatives. Remind them what a pubic servant means. If your elected representatives act arrogant and stand offish with you, write about your experience in a letter to the editor or on social media. Send your letter about your bad experience to the elected representative.
  3. Get involved politically. The last thing that Ryan and Angie Bundy wanted to do is for Ryan to run for Nevada governor. Ryan lost two years of his life to unjust prosecutors and their judge co-workers. But Ryan knows that freedom is not free and that change starts with him and comes at a great cost. So, he is taking the time and energy to run for governor.
  4. Praying is good, but praying is not enough. Put your money and time into taking action. Pray that your actions and your involvement will prevent the kinds of injustices we have seen under the Obama administration, and seem to be getting worse under the Trump administration.

That it is better that one hundred guilty persons escape
than that one innocent person suffer.” Benjamin Franklin


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6 Comments on The Trump Administration Is Not A Friend Of Justice

  1. “Getting tough on crime is a pretext to concentrate more power in centralized government. Getting tough on crime is a twin to getting tough on terrorists, which gave us many unconstitutional laws such as the Patriot Act, the FISA court and the revelations by Snowden on the many outrages committed by a secret, powerful and invasive government.

    The tough on crime excuse gave us many erosions of our Bill of Rights and has given us such things as the Bail Reform Act (BRA) which murdered a presumption of innocence until proven guilty”

    There is NO Lawful authority for him, or any other who SERVES WITHIN our government, to do those things, as the actions would be criminal and working AGAINST our LEGITIMATE government, the constitutional republic.

    WE ARE A CONSTITUTIONAL REPUBLIC, and the US Constitution is not only the supreme Law of this nation, but every legislation that is created is REQUIRED by the supreme contract that all who SERVE WITHIN our government is under and Oathbound to – first and above any other contract – or it is “null and void”. That Oath requires that Sessions, and every other person who SERVES WITHIN our government in every position high and low, SUPPORT AND DEFEND the US Constitution before anything. Breaking that Oath is a felony(or two/three) and Perjury. Sessions does not have the LAWFUL authority from that document to go beyond what it has delegated to the executive branch, nor is he a US President to use the powers of the OFFICE of the US President (the powers were delegated to that named office, NOT to any person, group, etc). This is all found in writing so that it can all be easily verified. Any action he takes that goes beyond the US Constitution is criminal.

    The Oath that he takes, similar if not exactly like this one..
    “I, [name], do solemnly swear (or affirm) that I will SUPPORT AND DEFEND the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” (caps are mine)

    Support means to maintain; to provide for; to enable to continue; to carry on.
    Defend means to prohibit or forbid. To deny. To oppose, repel, or resist. In covenants of warranty in deeds, it means to protect, to maintain or keep secure.

    The US Constitution is a compact between the states, the definer of our government, the supreme Law of this nation, and the supreme CONTRACT for all who serve within our governments – state and federal.

    If Sessions, and any of those he “commands” goes against the US Constitution they then not only are Oath breakers, but LAW breakers because the US Constitution is our SUPREME LAW that all Laws are required in writing, contractually, to be in Pursuance thereof it. They then become *terrorists, and quite in the position to be charged with **treason.
    The U.S. Constitution as the supreme law of this land, the only crimes that it puts under federal jurisdiction, those constitutionally assigned to the federal government for law enforcement purposes are
    — Treason,
    — Piracy,
    — Counterfeiting, and
    — nternational law violations.

    So how far out of his contractual obligations will Sessions be going in his quest for UNLAWFUL power? It is important for all to know this, that when a person BREAKS the written contract they then no longer meet the conditions of the position they occupy. The framers understood contract law and powers.

    Things that may Lawfully apply to his actions, and future actions if not held accountable. Treason(Section 2385) and Misprision of Treason (Section 2382).
    Section 802 (Title 18), “Domestic Terrorism” is defined as involving “acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;” which “appear to be intended–to intimidate or coerce a civilian population; (or) to influence the policy of a government by intimidation or coercion”.

    Color of Law. The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” Black’s Law Dictionary, Fifth Edition, page 241.

    He should start by doing his LAWFUL duty and going after treasonous H. Clinton and B. Clinton and their administration, PLUS all who were high ranking military, in the “intelligence agencies” as they ALL broke their Oaths, went against the US Constitution the supreme LAW of THIS land, and any corrupt politicians. Treason IS under his jurisdiction. Drugs, most crimes, etc are NOT.

  2. So doofus Cliven often quotes the phrase “do what is right, let the consequence follow”…taken from a popular Mormon hymn. Hmmmmm. So I suppose he thinks it “right” to point guns at cops; close down freeways on his whim; have women “out front” as human shields in case shooting starts (damned good thing Gerald and Amanda Miller didn’t start their murderous “revolution” right then…); demand that other’s second amendment rights be abridged (the Feds) while insisting the goons supporting him had the right be armed; endorse armed takeovers of Federal Wildlife Refuges by his “idiot” (Ryan’s term) sons; refuse to pay legitimate bills (grazing fees, porta-potty providers, defense attorneys, “personal security” personnel, etc.); and to generally act like a bully and an ass for the past 30 years (predating the tortoise being listed, I might note…); etc.???

    Most normal and decent people would view that interpretation of “right” as being utterly preposterous and ridiculous. And be upset that the Feds couldn’t put these anarchists away to protect common decency and the rule of law.

    Mr. Pearce…as far as Bundy being “innocent”…the charges were dismissed because the Government didn’t have the competence to successfully prosecute him. The crocodile tears about pre-trial detention rings hollow when Bundy doesn’t even recognize the Fed jurisdiction in the matter…let alone promise to appear in court if let out on bail. If these Bundy dorks could “master-mind” (irony intended) the keystone-cop takeover of a wildlife refuge, they certainly were capable of conducting a John Singer/Addam Swapp siege at the Bundy ranch house…thus putting the “Bunker” in Bunkerville.

    Since OJ Simpson–as most criminally minded persons demonstrate–couldn’t keep himself out of jail after his “not guilty” (very different from “innocent”) murder trial verdict, I expect the criminally minded Bundys to be back in the news at any time perhaps trying to take over that illegal Area II of Nellis Air Force Base (where nuclear bombs are stored), the Nevada Test Site, or some other place equally as ludicrous. Because it should be obvious to post Louisiana Purchase America (1803) that the Feds can only control Washington DC. That’s what happens to your brain when you think W. Cleon Skousen, ETB and the Sovereign Citizen’s movement actually has a clue about what the Constitution means. Good luck with that.

  3. PS….my apologies Loren for misspelling your name. PEARCE..I’ve got it now..Please take my Professor moniker in the way I meant it, as an affectionate leavening…..

  4. Thanks Loren, well put…Somehow, my otherwise casual conversations always veer back to what I saw in Portland and Vegas, leading to open-mouthed gasps from Joe and Jill citizen. Elsewhere I’ve described feeling like Jonah describing the whale. Who would believe some of the bizarre capering we’ve seen ? An impressive courtroom, high up in the Federal Castle…Marshals who resemble the halberd bearing Janissaries of old, the august personage above us on the dias…and yet, we find only crass mercenary motives and hackwork. All in defense of a malign “Government Interest”. Are our hopes for some reform of this Federal Culture realistic ? I say no. If there was ever a time for a betterment, we are in the midst of it NOW! with an obstreperous non-politician as president. What has been the result ? Professor Pierce describes it above. We must stop looking to the Fed as arbiter and overlord. The Rightful Remedy was prescribed by Jefferson…Keeping honest people out of Fed clutches through nullification of noxious Federal laws.

  5. Sessions last stance in Vegas was that his prosecutors were “doing a good job” at [maliciously] prosecuting the Bundy protesters. He said his priority was to jail those pot smoking criminals!

    He recused himself of all Clinton Foundation-Uranium One racketeering crimes, under the guise of their ongoing Trump-Russia HOAX that started before Trump was even elected as our POTUS.

    In short, Sessions is in the coupe to impeach our POTUS, to continue such racketeering of the people’s Lives, Liberties & Property rights.

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