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Respectfully request you place emergency legislative pauses on 1) unconstitutional government overreach of prosecutors’ plea-bargaining without oversight & transparency & 2) sentencing power transfer from judges to prosecutors. Power to sentence must be restored to judges. These two pauses allow you time to enact fair & reasonable Amendment 6-compliant measures through your bureaucracy without causing future harm to citizens. Also, all plea-bargaining lacking oversight, proof & admissible evidence in grand jury & other cases must be stopped & de-funded immediately. Abusive government prosecutorial misconduct is a mockery of freedom. We support prosecutor plea bargaining with transparency, oversight & the authority for unbiased judges to waive DOJ Sentencing Commission Mandatory Minimums. Refer to https://wecanbeheroesfoundation.org/executive-summary-your-probable-imprisonment-reaches-alarming-rate and https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct Your actions will be shared.
WE SEND THE FOLLOWING MESSAGE TO CONGRESSIONAL COMMITTEES AND SUBCOMMITTEES, INCLUDING U.S. HOUSE AND SENATE JUDICIARY, OVERSIGHT, RULES AND HOMELAND SECURITY.
Please take emergency action to protect the Constitution Sixth Amendment rights of my family and community to defend ourselves against prosecutors’ overreach without oversight and transparency. This is a respectful demand for the protection of my family as well as yours that you place an immediate legislative pause on 1) prosecutors’ plea-bargaining without oversight, transparency, and right to appeal; and 2) the sentencing power transfer from judges to prosecutors. This abusive government overreach is shown in the below-referenced Executive Summary and is now widely known as “The Trial Penalty”.
The power to sentence must be restored to judges. The unilateral DOJ Sentencing Commission Mandatory Minimum Sentence Guidelines should not dictate sentences. An unbiased judge should be permitted to consider a person’s history, culpability, responsibilities, and sentence as justice dictates. DOJ Sentencing Commission Mandatory Sentencing Guidelines are designed to imprison our population with ever-increasing DOJ mandatory imprisonment time and certainly have not reduced crime in my community.
Please review the online reports referenced below for your necessary due diligence to restore our Sixth Amendment rights to defend ourselves. This request is simple. My family, as well as others, are simply requesting you place a pause on the above two horrific government overreach powers affecting the freedom of all Americans and violating the letter and the spirit of our Constitution. These two pauses should allow you time to enact fair and reasonable Sixth Amendment-compliant measures through your bureaucracy without causing future harm to citizens.
All plea-bargaining lacking proof and admissible or legally obtained evidence in grand jury and other criminal cases must be stopped and de-funded immediately. This abusive government prosecutorial misconduct makes a mockery of our liberty and the Constitutional intent of grand juries. Please note the Executive Summary suggests you re-think and redefine the necessity, use, and validity of abusive grand jury indictments lacking prosecutors’ oversight, admissible evidence, and withheld evidence.
To be clear, we fully support prosecutors’ 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 DOJ Sentencing Commission Mandatory Minimums. Plea-bargaining compliant with the spirit of the Sixth Amendment serves our community in the speedy resolution of cases.
We are sharing this urgent request to sound the alarm for you and your constituency, as well as others across the country. Please reply with your plan of action. I trust you will stop funding this unconstitutional work of prosecutors and the DOJ. Your response or inaction will weigh heavily on our voting and support. May God grant you the speed and courage to act responsibly with haste.
References:
The We Can Be Heroes Foundation Constitution Reports:
https://wecanbeheroesfoundation.org/executive-summary-your-probable-imprisonment-reaches-alarming-rate;
https://wecanbeheroesfoundation.org/your-probable-imprisonment-reaches-alarming-rate/ and
The prestigious National Association of Criminal Defense Lawyers complete report for download at https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct