- From: JOSEPHN126@...Sent: Monday, December 15, 2008 4:50 PMSubject: [victimsoflaw] Re: [freedoms_cry_litigators] of Judicial Misconduct (9th Cir. - Dec. 10, 2008)Please send a letter to Diane Feinstein similar to the one I sent Senator Nelson. Anyone that is from a state represented by a Senator on the judiciary committee might help establish judicial accountability by doing the same. Your thoughts, JOE5647 Santa Anita Dr. Attn: LAURA GLICKMANTallahassee, FL 32309December 15, 2008Senator Bill Nelson
United States Senate
716 Senate Hart Office Building
Washington, DC 20510Dear Senator Nelson:In the next couple of months President elect Obama will submit the name of Eric Holder for Congressional approval to become the next Attorney General of the United States. Congress will have to approve Mr. Holder for the job after confirmation hearings during which Mr. Holder will be asked numerous questions by the Senate Judiciary Committee. I request the questions provided below be asked of Mr. Holder. The answers to these questions will determine whether Congress is interested in returning citizen confidence and integrity to our government—confidence and integrity that has been AWOL during the last 8 years. Asking Mr. Holder these will also help determine whether or not we are still a “nation of law”.
1. Do you believe it is the responsibility of U.S. Attorneys to enforce the laws of the U.S.as they are written?
2. If the law contains the word "shall" do you believe the law relieves a U.S. Attorney from using any discretion for the enforcement of the law?
3. 18 USC 3332. states:
(a) It shall be the duty of each such grand jury impaneled within any judicial district to inquire into offenses against the criminal laws of the United States alleged to have been committed within that district.Such alleged offenses may be brought to the attention of the grand jury by the court or by any attorney appearing on behalf of the United States for the presentation of evidence.Any such attorney receiving information concerning such an alleged offense from any other person shall, if requested by such other person, inform the grand jury of such alleged offense, the identity of such other person, and such attorney's action or recommendation. (b) Whenever the district court determines that the volume of business of the special grand jury exceeds the capacity of the grand jury to discharge its obligations, the district court may order an additional special grand jury for that district to be impaneled.
5. What is your interpretation of the requirement for a U.S. Attorney to enforce this law?
6. What do you believe the purpose of the U.S. Attorney Criminal Resource Manual is?
7. The U.S. Attorney Criminal Resource Manual 158 states:
Impaneling Special Grand JuriesAs provided in 18 U.S.C. § 3331(a), the district court in every judicial district having more than four million inhabitants must impanel a special grand jury at least once every eighteen months (unless a special grand jury is then sitting); and the district court must also impanel a special grand jury when the Attorney General, Deputy Attorney General, or a designated Assistant Attorney General certifies in writing to the chief judge of the district that in his/her judgment, a special grand jury is necessary "because of criminal activity in the district." (See 28 C.F.R. § 0.59 under which the Assistant Attorney General in charge of the Criminal Division is20designated to make certifications under 18 U.S.C. § 3331.)District courts are authorized under 18 U.S.C. § 3332(b) to impanel additional special grand juries when the special grand juries already impaneled have more business than they can properly handle. When impaneling additional special grand juries, a court should make a finding as to the need; and a court should always make it clear that the special grand jury is being impaneled under 18 U.S.C. § 3331 (and is therefore not subject to the limitations of a regular grand jury). See Wax v. Motley, 510 F.2d 318 (2d Cir. 1975).The special grand jury has a duty under 18 U.S.C. § 3332(a) "to inquire into offenses against the criminal laws of the United States alleged to have been committed within that district." Such alleged offenses may be brought to the jury's attention by the court or by any attorney appearing for the United States to present evidence to the jury. It is incumbent upon any such government attorney to whom it is reported that a Federal offense was committed within the district, if the source of information so requests, to refer the information to the special grand jury, naming the source and apprising the jury of the attorney's action or recommendation regarding the information.
9. 18 USC 242 states:
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Summary:Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.TITLE 18, U.S.C., SECTION 242Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts commit ed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.Updated 2008-07-2510. Do you believe Federal Judges as well as U.S. attorneys can be held accountable for their actions under 18 USC 242 if they fail to enforce 18 USC 3332?11. Please describe the process that you envision to enforce this conduct.
12. How would you hold U.S Attorneys accountable for their violation of the law and what action would you take if they failed to adhere to the requirements of 18 USC 3332 and/or the U.S. Attorney Criminal Resource Manual?
Having these questions asked during public hearings would establish a record of how Mr. Holder will conduct the business of his office if he is confirmed as Attorney General of the United States and whether or not he should be confirmed.
Regards,Joseph S. Norman II(850) 893-1484