Plan to Humanely and Privately (Not Secretly) Prosecute Public Servants and Others Who Have Broken the Law, Have Then Pay Restitution and Mend Their Ways

Note: Please consider this website a draft and provide comments or propose additions/deletions by going to http://bit.ly/pyxX9e, highlighting a word or phrase, right click on the highlight and select "comment". Thanks.

Greetings:

Thanks for visiting ProsecuteOfficials.org.

Please consider this website and all the documents here as drafts, open ended and a work-in-progress and provide additional items and constructive comments and recommendations to Fisher@WeThePeopleNow.org.

Purpose and Objectives:

The purpose of this plan is to provide strategies, procedures and sample documents to ensure that civil and military officials, legislators, judges, corporation executives and others who have broken the law to provide appropriate restitutions to victims and be apologetic and contrite. These procedures use humane, constitutional, private, restorative justice, rehabilitation and reconciliation principles and practices described in HumaneJustice.org to help heal/restore both the victims and perpetrators of crimes. These procedures can be used at local, state, federal and international levels.

The objectives of this plan include to:

Background

The rule of law is not being enforced.

Senior public servants and private sector officials are breaking laws. U. S. officials and their agents have illegally detained, abused and/or tortured and continue to violate the rights of many individuals.

Scores of books and videos show the illegality of the Iraq and Afghanistan wars/occupations and provide ample probable cause for prosecution of various individuals for war crimes.

Others that know this is happening and are not doing anything about it are guilty of misprision of a felony.

Despite the obvious crimes of senior public servants, no U.S. attorney or state prosecutor has been willing to investigate and/or attempt to obtain grand jury indictments.

Time is ripe for massive change.

There is strength in numbers. We must work together. Otherwise they will pick us off one at a time as they are attempting to do to Private Brad Manning.

The fact that United States Attorney Patrick Fitzgerald had the sitting governor of Illinois, arrested and indicted shows that it is feasible to prosecute sitting legislators, senior government officials, presidents and judges. The process that Fitzgerald used provides a model and sample document required to accomplish this.

Human Rights USA and American University Washington College of Law International Human Rights Law Clinic recently released the report, Indefensible: A Reference for Prosecuting Torture and Other Felonies Committed by U.S. Officials Following September 11th. This report "serves as a practitioner’s reference addressing the domestic and international laws implicated by the actions of certain former high-ranking government officials.  The report lays the groundwork for litigation against those responsible for approving and using illegal interrogation techniques that were the official policy of the Bush Administration". You may read the outstanding report online or purchase a copy by calling (202) 296-5702 or e-mailing info@humanrightsusa.org.

Please help initiate private, humane prosecutions of government officials and others who have broken the law, subscribe to this web site, consider it as a work-in-progress, financially support these efforts, and provide constructive comments/recommendations on this approach and feedback by email to fisher@wethepeoplenow.org

There is more than enough work for everyone. Individuals need not be a lawyer or even a paralegal to help.

To obtain a grand jury indictment, a U.S. Attorney or local district attorney is required. However, anyone can go before a magistrate, magistrate judge or judge and swear out a criminal complaint.

Obviously a new and significantly different approach to prosecutions is needed.

Actions Required to Humanely, Constitutionally and Privately Prosecute Lawbreakers with Opportunities for Restorative Justice

  1. Use an existing or establish an office in the Washington DC area to prepare documentation and coordinate accomplishment of these efforts.

  2. Identify and encourage organizations and individuals already working on various aspects of prosecutions to coordinate efforts in person, by phone and/or e-mail. These organizations and individuals include:
    • The Veterans for Peace (VFP) Prosecute War Criminals Working Group co-chaired by Ron Fisher and John Heuer. Ron is the compiler of the websites WeThePeopleNow.org, HumaneJustice.org and ProsecuteOfficials.org.

  3. Individuals throughout the country contact and become acquainted with their local investigators, (normally police department detectives); federal investigators, (FBI agents}; local prosecutors, (district attorneys); and federal prosecutors, (U. S. attorneys). Obtain their mail, e-mail addresses and phone and fax numbers. Establish a working relationship with them. The Sample Intro Letter to Investigators and Prosecutors may be adapted to help with this. Exchange information with them about this web site, criminal justice procedures and documentation, jurisdiction, applicable laws, Bugliosi’s book and related topics.
  4. Compile but do not publicize a private, prioritized list of subjects that should be prosecuted.
  5. Gather required information and discreetly prepare the documents for prosecutions beginning with the higher priority subjects. These documents are outlined in Procedures for Preparing Documentation for Criminal Prosecutions. They include draft copies of: Criminal Complaints, Affidavits in Support of a Criminal Complaint that show probable cause and Applications for Warrants and cover letters to (Local and Federal) government investigators and prosecutors. Most of this work will be done in the Washington DC area and by e-mail
  6. Before indictments are made public, criminal proceedings and the documentation should be kept discreet, confidential and private and not revealed or "leaked" to the public. Subjects should not be threatened, humiliated or challenged.
  7. Request authors of germane books and articles to prepare chronology of events and affidavits in support of criminal complaints from portions of their articles and books.
  8. Convert the requests for disbarment/disciplinary complaints filed with state bar licensing boards by the Velvet Revolution to criminal complaints and affidavits showing probable cause. The licensing board apparently have not responded.
  9. Request a task force of FBI agents and U.S. Attorneys be formed to investigate and prosecute civil and military public officials, legislators, members of the judiciary, corporation officials and others who have violated the law. Whether or not such a task force is formed, individual FBI agents, U.S. Attorneys and local and state prosecutors are responsible for prosecuting crimes that affect the people in their jurisdiction and must do their jobs.
  10. The just released Indefensible: A Reference for Prosecuting Torture and Other Felonies Committed by U.S. Officials Following September 11th has a great deal of information and recommendations that should be considered including in particular the appointment of a special counsel.
  11. Find facilities for restorative justice and reconciliation efforts for the victims and perpetrators of crimes in the Washington D. C. Area.
  12. Beginning in the Washington DC and Northern Virginia area (Fairfax County, Arlington and Alexandria Virginia), review the documentation, prepared under paragraph 5, 6 and 7 above, with local and federal government investigators and prosecutors. Request:
    1. Their comments on the documentation.
    2. That they discreetly investigate, arrest or summon as appropriate and prosecute certain individuals. Ensure all the rights of the accused as outlined in the Constitution (Salient Rights), the International Covenants on Human Rights and other laws are strictly protected during all phases of the criminal justice process. These rights are listed in Attachment A Salient Constitutional Rights to Key Aspects of the U.S. Constitution and Other Laws.
    3. They subpoena and/or otherwise make available selected victims and witnesses of torture, abuse, maiming, illegal arrests or detentions and other crimes by U.S. officials and their agents. Those selected should include in particular those being held today in U.S. prisons without warrants.
    4. Provide these witnesses and victims the opportunity to conference/meet with those who perpetrated crimes against them and to receive restitution and reasonable reparation from the perpetrators U.S. Government.
  13. While proposed grand jury indictments are being prepared subjects will:
    1. Be "examined by experts to find out why it is and what can be done" as outlined in HumaneJustice.org.
    2. Participate in individual reading/study group discussions with the victims of the crimes, be educated on the severity of their alleged crimes, see the errors in their ways and learn about the major elements of restorative justice. These major elements include taking steps to repair harm e.g. being contrite and apologizing, paying restitution and providing assistance to victims.
    3. Be encouraged, as appropriate, to apologize and pay restitution on their own initiative instead of spending time and money on attorneys and grand juries.
  14. Prepare similar documentation under the UCMJ to request specific active duty and retired senior military officials who have violated the law to be investigated and prosecuted. Discuss and file this documentation with staff members of the Judge Advocate General (JAG) offices of the appropriate service (Army, Navy and Air Force)
  15. As lesson are learned in the Greater Washington DC area, refine/correct the documentation and processes. Provide refined copies of the draft documents and cover letters (Local and Federal) to individuals from all over the country willing to accomplish actions in paragraph 11 above with local and federal investigators and prosecutors.
  16. Politely inform the FBI, U.S. Attorneys, Department of Justice (DoJ) officials, federal magistrates, judges, etc. that if enough information is provided to show that a felony has been committed, government officials having knowledge of this information who do not investigate it and do nothing about it could be:
    1. A violation of 18 US Code Section 4, Misprision of felony, which requires: “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
    2. A violation of 18 U. S. Code Section 1510. Obstruction of criminal investigations
    3. A violation of 18 U.S. Code Section 1346. Guilty of failing to provide honest services
  17. If government investigators and prosecutors will not investigate, individuals may swear out criminal complaints before a magistrate, magistrate judge or regular judge.
  18. If DoJ, the FBI, U.S. Attorneys, local investigators/prosecutors and U.S. Courts refuse to act or act improperly on criminal complaints, injunctions, suits, etc. file applicable documents with the Prosecutor for the International Criminal Court (I.C.C.) in The Hague.
    1. Please note that: Francis A. Boyle has filed a Complaint with the I.C.C. against George W. Bush, Richard Cheney and others for their criminal policy and practice of "extraordinary rendition" (Click here for Boyle's complaint)
    2. Judge Baltasar Garzon, a Spanish judge internationally known for trying to extradite former Chilean dictator Augusto Pinochet, and filing criminal action against six former Bush administration officials for the torture of Spanish citizens at the U.S. prison at Guantanamo Bay, is now working for the ICC.
  19. Ask appropriate foreign governments whose citizens have been harmed by the actions of the U.S. to file similar complaints. Work with and support other nations.
  20. Continually refine this document based on lessons learned.

Food for Though for those reluctant to help with prosecutions. Please think about and answer the following two questions to yourself:

1. Would you stop an emotionally disturbed person from killing a baby, if you had the wherewithal?

2. If you knew that a group of individuals intended to burglarize an old age home, then kill the habitants and burn down the home to cover up their crime, would you report this to the police?

I believe your answers will be obviously and correctly “Yes”. My point is that several of our government officials are planning and committing much worse crimes.

Please help stop them by working together and: