The following plea for help to 64 U. S. House of Representative Judiciary Committee Members from 96 citizens describes the dire need to place an Emergency Legislative Pause on unconstitutional government overreach and funding that is in violation of the Constitution Sixth Amendment. Specifically, the government overreach by 1) prosecutors unfairly engaging in plea-bargaining without oversight, transparency, and right to appeal; and 2) prosecutors dictating the judges’ role to sentence and imprison Americans without oversight and transparency. Abusive government overreach and prosecutorial misconduct is in violation of the Sixth Amendment and makes a mockery of our liberty and Constitution. This misconduct created the over-criminalization of Americans that Congress has not only allowed but has funded with our taxes. The first request to these 64 Congressional Representatives was sent July 25, 2023. The courtesy of a reply or response to 96 citizens was not received from any of the 64 Representatives named in the following request.
Readers are encourage to take the time to understand the danger to you and your family of government prosecutors overreach destroying your right to defend yourself.
THIS IS THE LETTER MAILED FROM 96 AMERICAN CITIZENS TO THE U.S. HOUSE OF REPRESENTATIVE JUDICIARY COMMITTEE: 
October 30, 2023
The Honorable Representative Jim Jordan, Chairman, House Judiciary Committee, and Chairman, Select Subcommittee on Weaponization of Federal Government, 2138 Rayburn House Building, Washington, DC 20515
The Honorable Chair of the Subcommittee on the Constitution and Limited Government
The Honorable Representative Darrell Issa, Chairman, Subcommittee on Courts, Intellectual Property, and the Internet
The Honorable Representative Andy Biggs, Chairman, Subcommittee on Crime and Federal Government Surveillance,
The Honorable Ben Cline, Chairman, Subcommittee on Responsiveness and Accountability to Oversight
The Honorable Thomas Massie, Chairman, Subcommittee on the Administrative State, Regulatory Reform and Antitrust and
Distribution List shown on final pages of Honorable Representatives Committee and Subcommittee Members
Dear Congressional Committee Chairs and Members:
Thank you for your service to support and defend the Constitution.
This is a follow up requesting your reply to the consolidated mailing of July 25, 2023, to you from many Americans listed below. The consolidated mailing requested you to please take emergency action to protect the Constitution Sixth Amendment rights of families and communities to defend ourselves against prosecutorial overreach without oversight and transparency.
The courtesy of a reply is requested to this respectful appeal to place an Emergency Legislative Pause on unconstitutional government overreach and funding that is violative of the Constitution Sixth Amendment. Specifically, government overreach by 1) prosecutors unfairly engaging in plea-bargaining without oversight, transparency, and right to appeal; and 2) prosecutors dictating the judges’ role to sentence and imprison Americans without oversight and transparency. Abusive government overreach and prosecutorial misconduct is in violation of the Sixth Amendment and makes a mockery of our liberty and Constitution. This misconduct created the over-criminalization of Americans that Congress has not only allowed but has funded.
When Congress followed the rights guaranteed to citizens by the Sixth Amendment, Americans did not worry about being imprisoned unjustly. We were pleased to have the options of jury trials or plea-bargaining with prosecutor oversight and transparency. A fair plea-bargaining process gave Americans the option to settle charges speedily and get on with law-abiding lives. However, this changed when the unilateral Department of Justice (DOJ) issued unfair and non-compliant procedures and Congress funded and approved this unconstitutional government work.
Over the decades, many civic organizations, such as the National Association for the Advancement of Colored People and subject matter experts, such as the National Association of Criminal Defense Attorneys, have pleaded with Congress to stop this abuse now widely known as “The Trial Penalty”.
This request is different and simple. The undersigned and many more are simply requesting a pause, just a pause, to give you time to enact fair and reasonable Sixth Amendment Constitution-compliant measures through your bureaucracy without causing future harm to those you serve. During the pause, prosecutors would continue their constitutional work with oversight and transparency and restore faith in our justice system. Online expert reports are referenced below for your necessary due diligence to comply with the Sixth Amendment. Details of the problem, cause, and solution are shown in the referenced Executive Summary.
We trust you are aware that the unilateral DOJ Sentencing Commission Mandatory Minimum Sentence Guidelines and prosecutor use of mandatory sentencing criteria has not reduced crime in America. Instead, this so called tough of crime overreach causes harm to Americans with 1) imprisonment of innocent Americans, 2) the Trial Penalty of significantly longer imprisonment when constitutional trials were requested, 3) unreasonably long prison terms, and 4) unsustainable and unnecessary prison costs.
Additionally, all plea-bargaining lacking proof and admissible or legally obtained evidence in grand jury and other criminal cases involving countless Americans must be stopped and de-funded immediately. This abusive government prosecutorial misconduct is an abomination to liberty and the Constitutional intent of grand juries. Note the Executive Summary referenced below suggests you re-think and redefine the government use and validity of abusive grand jury indictments lacking prosecutors’ oversight, admissible evidence, and withheld evidence.
To be clear, the undersigned fully support prosecutorial plea-bargaining power when transparency and oversight outside the prosecutor’s agency chain of command exists and when an unbiased judge has the authority to waive the prosecutor’s or Sentencing Commission Mandatory Minimums. Plea-bargaining compliant with the spirit of the Sixth Amendment serves our community in the speedy resolution of cases.
Background.
America imprisons its people significantly more than any other country. America has more U.S. Codes than can be read in a lifetime, yet we are responsible to obey each one. The attached Executive Summary – The Problem is alarming and devasting.
We Can Be Heroes Foundation honors heroes and provides educational forums on America’s founding values and the Constitution. Extensive research by various U. S experts on the Sixth Amendment abuses led many students and Constitution advocates to request you and each Committee Member place this Emergency Legislative Pause on government unconstitutional prosecutorial overreach.
We are sharing this urgent request to sound the alarm for the Chairpersons and Committee Members, your constituency, and Americans across the country. Please reply with your plan of action. We implore you to stop funding unconstitutional work of prosecutors and the DOJ. May God grant you the speed and courage to act responsibly with haste to save lives and our freedom.
References:
- The Trial Penalty. The prestigious National Association of Criminal Defense Lawyers report https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct
- The Problem, The Cause, and the Solution Executive Summary. We Can Be Heroes Foundation Constitution Report https://wecanbeheroesfoundation.org/executive-summary-your-probable-imprisonment-reaches-alarming-rate
- Your probable imprisonment reaches alarming rate. We Can Be Heroes Foundation Constitution Report https://wecanbeheroesfoundation.org/your-probable-imprisonment-reaches-alarming-rate/
Very respectfully,
Names of the 96 parties choosing to consolidate their request with this one mailing to alleviate the administration burden of handling each request individually are on file and removed from this internet post to protect their privacy.
Copy to:
Honorable Speaker of the House Michael Johnson, 2468 Rayburn House Office Bldg., Washington, DC 20515
National Association of Criminal Defense Attorneys, 1660 L Street, NW, 12th Floor, Washington, DC 20036
National Association for the Advancement of Colored People National Headquarters, 4805 Mt. Hope Drive, Baltimore, MD 21215
End of letter – beginning of Enclosure
Enclosure – Executive Summary – The Problem – https://wecanbeheroesfoundation.org/executive-summary-your-probable-imprisonment-reaches-alarming-rate
- You have a 1 in 3 probability of getting a criminal record.
- America has the largest prison and jail population in the world.
- America has 20% of the world’s prison population, yet only 5% of the world’s population.
- America, “the former land of free,” significantly leads all Communists, Islamic, Dictatorships, and other countries in incarcerating its people.
- The United States incarcerates its people five times that of NATO countries.
- Holding hands, Americans with arrest records could circle the earth three times.
- More Americans have a criminal record than a college degree.
- Rights to defend yourself enumerated by the Constitution’s Sixth Amendment near extinction.
- Prosecutors are the most powerful officials in the American criminal justice system.
- In 97% of cases, citizens lost their Sixth Amendments rights.
- 65% of the 181,000 veterans incarcerated in prisons and jails saw combat.
- 55% of incarcerated combat veterans struggle with post-traumatic stress or traumatic brain injury.
- Government left the majority of incarcerated Americans in prison during COVID-19 and violated government demands for social distancing, quarantines, and increased healthcare.
- 6 out of 10 Americans in State Prisons are brown or black.
- 6 out of 10 Americans in Federal Prisons are white.
- FBI reported arrests for 2020 are 32% aged 26 to 35, 73% male, 27% female, 68% white, 27% black, 5% other or unknown races.
- Numerous scholars have examined plea bargaining and estimate up to 27% of Americans who plead guilty may actually be innocent.
- Nearly half of black males and almost 40 percent of white males are arrested by age 23.
- African Americans convicted of murder are 50% more likely to be innocent than other convicted murderers.
- Over 5 million Americans were forbidden from voting in 2020 due to a felony conviction.Most crimes reported to the police go unsolved.
The Florida Problem. (Other States to follow.)
- The State’s Department of Corrections is largest agency in the state and the third largest state corrections system in the United States.
- Florida’s 2021 incarceration rate is higher than national average, with 367 per 100,000 compared to the national average of 300 per 100,000.
- Black-to-white imprisonment ratio is higher than national average, with ratio: 4.1
- Duval County population is 4.5% of the State, whereas Duval’s inmate population is nearly double with 8% of the State Prison population.
- Florida is shown with lowest number of 2021 crimes committed in U. S., but studies show the State reported only 0.3 percent of their crime data to the FBI.
- Failure to understate crime data could create mistrust in Florida reports.
Distribution List, Page 1:
Honorable Representative Colin Allred, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Kelly Armstrong, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Cliff Bentz, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet and Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Andy Biggs, House Judiciary Committee
Honorable Representative Dan Bishop, House Judiciary Committee, Select Subcommittee on the Weaponization of the Federal Government, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, and Subcommittee on the Constitution and Limited Government
Honorable Representative Ken Buck, House Judiciary Committee, Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Cori Bush, House Judiciary Committee, Subcommittee on the Constitution and Limited Government, and Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Kat Cammack, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative David Cicilline, House Judiciary Committee, and Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Ben Cline, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Courts, Intellectual Property, and the Internet
Honorable Representative Steve Cohen, House Judiciary Committee, Subcommittee on the Constitution and Limited Government, Subcommittee on Crime and Federal Government Surveillance, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Gerry Connolly, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative J. Luis Correa, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Madeleine Dean, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and Internet, Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Mary Gay Scanlon, Subcommittee on the Constitution and Limited Government
Distribution List, Page 2
Honorable Representative Jefferson Van Drew, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Responsiveness and Accountability to Oversight
Honorable Representative Veronica Escobar, House Judiciary Committee, Subcommittee on the Constitution and Limited Government
Honorable Representative Scott Fitzgerald, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Russell Fry, House Judiciary Committee, Subcommittee on the Constitution and Limited Government, Subcommittee on Courts, Intellectual Property, and the Internet, and Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Matt Gaetz, House Judiciary Committee, Select Subcommittee on the Weaponization of the Federal Government, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Crime and Federal Government Surveillance
Honorable Representative John Garamendi, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Sylvia Garcia, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Dan Goldman, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Lance Gooden, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Harriet Hageman, House Judiciary Committee, Subcommittee on the Constitution and Limited Government, Select Subcommittee on the Weaponization of the Federal Government, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Wesley Hunt, House Judiciary Committee, Subcommittee on the Constitution and Limited Government
Honorable Representative Darrell Issa, House Judiciary Committee, Select Subcommittee on the Weaponization of the Federal Government Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Glenn Ivey, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on Responsiveness and Accountability to Oversight, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Pramila Jayapal, House Judiciary Committee
Distribution List, Page 3
Honorable Representative Henry C. “Hank” Johnson, , House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Courts, Intellectual Property, and the Internet, and Subcommittee on the Constitution and Limited Government
Honorable Representative Mike Johnson, House Judiciary Committee, Select Subcommittee on the Weaponization of the Federal Government, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Kevin Jayapal House Judiciary Committee, Subcommittee on the Constitution and Limited Government, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Laurel Lee, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on Crime and Federal Government Surveillance, Subcommittee on Responsiveness and Accountability to Oversight
Honorable Representative Sheila Jackson Lee, House Judiciary Committee, Subcommittee on Crime and Federal Government Surveillance, Subcommittee on the Constitution and Limited Government
Honorable Representative Ted Lieu, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Zoe Lofgren, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Stephen Lynch, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Thomas Massie, House Judiciary Committee, Select Subcommittee on the Weaponization of the Federal Government, Subcommittee on Courts, Intellectual Property, and the Internet
Honorable Representative Lucy McBath, House Judiciary Committee, Subcommittee on Crime and Federal Government Surveillance, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Tom McClintock, House Judiciary Committee, Subcommittee on the Constitution and Limited Government
Honorable Representative Barry Moore, House Judiciary Committee, Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Nathaniel Moran, House Judiciary Committee, Subcommittee on Responsiveness and Accountability to Oversight, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Courts, Intellectual Property, and the Internet
Honorable Representative Jerrold Nadler, House Judiciary Committee
Honorable Representative Joe Neguse, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, Subcommittee on Courts, Intellectual Property, and the Internet
Distribution List Page 4
Honorable Representative Troy Nehls, House Judiciary Committee, Subcommittee on Crime and Federal Government Surveillance
Honorable Representative Stacey Plaskett, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Deborah K. Ross, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet
Honorable Representative Chip Roy, House Judiciary Committee, Subcommittee on the Constitution and Limited Government
Honorable Representative Linda Sanchez, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Mary Gay Scanlon, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Adam Schiff, House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet
Honorable Representative Debbie Wasserman Schultz, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Victoria Spartz, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Elise Stefanik, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative W. Gerogory Steube, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Chris Stewart, Select Subcommittee on the Weaponization of the Federal Government
Honorable Representative Eric Swalwell, House Judiciary Committee, The Subcommittee on Responsiveness and Accountability to Oversight, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
Honorable Representative Thomas P. Tiffany, House Judiciary Committee Subcommittee on Crime and Federal Government Surveillance
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