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Greetings:

Thanks for visiting ProsecuteOfficials.org.

This web site outlines the non-partisan Outline of the Draft 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

Draft
Outline of the
Plan to Humanely and Privately Prosecute Lawbreakers With Restorative Justice Opportunities For Both Victims and Lawbreakers

Executive Summary

Numerous official reports, books, articles describe the horrors, wastefulness and illegality of U.S. wars, assassinations, drone attacks, torture and abuse of detainees. Yet after ten years of these illegalities and despite numerous petitions, phone calls, demonstrations and now “occupations”, not one high-ranking official that authorized and planned these illegal acts have indicted and not one survivor of U.S. torture has succeeded in holding these officials accountable in a U.S. court for torture.Footnote

Likewise, the $26 billion settlement between the federal government and 49 state attorneys general with major banks to address the criminal fraud, robo signing and changing income, job history on mortgage applications without the applicants knowledge perpetrated by these institutions

Instead of making them pay the price for their actions, our public servants have given, loaned or guaranteed Wall Street over $29.6 trillion while every day Americans are still struggling to make ends meet. ( "U.S. Subprime Crisis Costs World $7.7 Trillion Dollars," The Huffington Post, February 15, 2008)

By pushing bad loans and peddling risky mortgage-backed securities as safe investments, these banks aided by our public servants have cost the world economy at least $7.7 trillion. Their widespread fraud and corruption also cost millions of hardworking Americans their jobs, their homes, and their shot at the American Dream.

Our public servants have not provided any meaningful responses to numerous petitions, letters, and requests for investigations, hearings, impeachments and special prosecutors to investigate and prosecute these crimes.

During these ten years thousand have been imprisoned for possession of a few ounces of marijuana

Many organization and individuals have worked on this for years and collectively know what needs to be done.

However, these organizations and individuals are not working nearly well enough together and have no overall strategy or plan.

This proposed Plan, a key element of the Universal, Common Strategic Plan for a Peaceful, Prosperous and Just World, provides strategies, procedures, sample documents and the actions to initiate and follow through with humane, private prosecutions of civil and military officials, legislators, judges, corporation executives and others who have broken the law and to encourage/convince them to provide appropriate restitution to victims, are apologetic, contrite and mend their ways.

It supplies a frame work for those interested to list additional ideas, problems and solutions and work with others to accomplish the solutions.

These prosecutions use the humane, constitutional, private, restorative justice, rehabilitation and reconciliation principles and practices which can help heal/restore both victims and/ perpetrators of crime and be used at local, state, federal and international levels.

This plan will also help ensure that the rule of law is equally enforced, educate our public servants and the public on criminal justice procedures, restorative justice, the UCMJ and civil rights and lead perpetrators of crimes to understand the damages, suffering and misery that their crimes have caused.

These interested organizations and individuals are requested to work together, form an oversight board for this plan, and add everything that needs to be done to it. Recommendations can be made and items added by going to http://bit.ly/pyxX9e, emailing Fisher@wethepeoplenow.org or faxing 703-521-0849.

The below Table of Contents provides an outline of this Strategic Plan. Each item in the plan can be accessed by clicking on it.

Table of Contents of The Plan

Executive Summary

I. Purpose

II. Objectives

III. Background

V. Actions to Humanely and Privately Prosecute Lawbreakers

A. Organize Efforts

B. Prepare Documentation for Filing Criminal Complaints

C. Liaison with Investigators/Prosecutors and Special Counsel If and When He is Appointed

D. Humane, Private Prosecutions

VI. Food for Thought for Those Reluctant to Help with Prosecutions

VII. Attachments

A. Procedures for Preparing Documentation for Humane, Private Prosecutions

B. Sample Cover Letter Requesting Investigations and Prosecutions by Federal Authorities

C. Information that Should be Included in a Chronology of Events

D. Information that Should be Included in a Victim Impact Statement

E. Sample Affidavit in Support of a Criminal Complaint

F. Sample Spreadsheet Showing Campaign Donations to Legislators

G. Sample Victim Impact Statement

H. Format for a Combination Multi-Count Criminal Complaint, Affidavit in Support of a Criminal Complaint and Application for a Warrant

I. UCMJ Charge Sheet for Private First Class Bradley E. Manning, U.S. Army, provided as a sample

J. Complaint Filed with the I.C.C. by Professor Francis A. Boyle

I. Purpose

This plan provides strategies, procedures and sample documents to initiate and follow through with humane, private prosecutions of civil and military officials, legislators, judges, corporation executives and others who have broken the law and to encourage/convince them to provide appropriate restitution to victims, are apologetic, contrite and mend their ways. These procedures use humane, constitutional, private, restorative justice, rehabilitation and reconciliation principles and practices described in the Plan to Reform Criminal Justice Systems Using Humane, Constitutional and Restorative Justice Principles and Practices which is outlined in HumaneJustice.org. These practices will help heal/restore both the victims and perpetrators of crimes. These procedures can be used at local, state, federal and ultimately at international levels.

II. Objectives

III. Background

Hundreds of books, articles and videos describe the horrors, wastefulness and criminality of U.S. wars, occupations, assassinations, drone attacks, torture and abuse of detainees.

Yet after years of these illegalities and despite hundreds of thousands of petitions, phone calls, emails, demonstrations and now “occupations,” not one high-ranking official that authorized and planned these illegal acts have indicted and not one survivor of U.S. torture has succeeded in holding these officials accountable in a U.S. court for torture.Footnote

IV. Conclusions

Senior public servants and private sector officials have committed crimes by authorizing, funding, providing support and materials for and profiting from these acts.

The rule of law is not being enforced. Despite ample probable cause for obvious crimes, no Department of Justice Officials, U.S. attorney or state prosecutor has been willing to investigate and/or attempt to obtain grand jury indictments.

V. Actions to Humanely and Privately Prosecute Lawbreakers

  1. Organize Efforts
    1. Share an existing or establish an office in the Washington, D.C. area to prepare documentation and coordinate the accomplishment of this plan.
    2. Continually update and maintain:
      1. This plan and www.ProsecuteOfficials.org
      2. A detailed list of organizations and individuals working on or interested in various aspects of humane prosecutions and related legal matters
      3. A library of relevant publications
    3. Request the appointment of a Special Counsel, outside the Department of Justice to investigate and, where warranted, prosecute crimes committed by United States government officials. This was proposed and justified on pages 20 through 37 of Indefensible: A Reference for Prosecuting Torture and Other Felonies
  2. Prepare Documentation for Filing Criminal Complaints
    1. Compile but do not publicize a private, prioritized list of individuals who should be investigated
    2. Gather required information and privately prepare the documents for prosecutions and tort claims 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, D.C. area and by e-mail
    3. Before indictments are made public, criminal proceedings and the documentation should be held private and not revealed or "leaked" to the public. Subjects should not be threatened, humiliated or challenged. All the rights of the subject should be observed and not violated.
    4. 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.
    5. 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. Apparently, the licensing boards have not responded.
    6. 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. The UCMJ Charge Sheet for Private First Class Bradley E. Manning, U.S. Army, provided as a sample. Discuss and file this documentation with staff members of the Judge Advocate General (JAG) offices of the appropriate service (Army, Navy, Marine Corps and Air Force)
  3. Liaison with Investigators/Prosecutors and Special Counsel If and When He is Appointed
    1. Contact and liaison with
      1. Federal investigators (FBI agents), federal prosecutors, (U.S. attorneys), local investigators, (normally police department detectives) and local prosecutors, (district attorneys) beginning in the greater Washington, D.C. area and ultimately throughout the country.
      2. The Special Counsel if and when appointed
    2. Obtain their address, 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.
    3. As appropriate, review and discuss the following with investigators and prosecutors:
      1. The importance of enforcing the rule of law and the urgency of humane, private prosecutions
      2. This Plan to Reform Criminal Justice Systems Using Humane, Constitutional and Restorative Justice Principles and Practices which is outlined on www.HumaneJustice.org, Indefensible: A Reference for Prosecuting Torture and Other Felonies and other relevant publications.
      3. Samples of generic documentation, with no names, prepared under paragraph IV. B. above
      4. Obtaining facilities for restorative justice type prosecution and reconciliation efforts for the victims and alleged perpetrators of crimes.
      5. Humanely and privately investigating and as appropriate summoning and prosecuting certain individuals, while ensuring that 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.
      6. Subpoenaing and/or otherwise making 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.
      7. While proposed grand jury indictments are being prepared, having alleged subjects participate in individual reading/study group discussions, 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.
  4. Humane, Private Prosecutions
    1. Prepare documentation to initiate investigations of individuals from the private prioritized list. Keep this information private.
      1. Obtain facilities for restorative justice type prosecution and reconciliation efforts for the victims and alleged perpetrators of crimes.
      2. Humanely and privately investigating and as appropriate summoning and prosecuting certain individuals, while ensuring that 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.
      3. 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. While proposed grand jury indictments are being prepared, as appropriate have subjects of investigations:
        1. "Examined by experts to find out why it is and what can be done" as outlined in www.HumaneJustice.org.
        2. Participate in individual reading/study group discussions, be educated on the severity of alleged crimes, recognize 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. Encouraged, as appropriate, to apologize and pay restitution on their own initiative instead of spending time and money on attorneys and grand juries.
        4. Provide victims the opportunity to voluntarily conference/meet with those who perpetrated crimes against them and to receive restitution and reasonable reparation from the perpetrators and the U.S. Government
    2. As lesson are learned, refine/correct the documentation and processes.
    3. If investigators and prosecutors will not proceed with prosecutions:
      1. Learn why they will not and correct the problem if possible
      2.  Consider politely informing them that if they have knowledge of information that shows probable cause of a felony and do nothing about it they could be in violation of:
        1. 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. 18 U. S. Code Section 1510, Obstruction of criminal investigations
        3. 18 U.S. Code Section 1346, Failing to provide honest services
      3. Consider swearing out criminal complaints before a magistrate, magistrate judge or regular judge
      4. Consider filing applicable documents with the Prosecutor for the International Criminal Court (I.C.C.) in The Hague. The Complaint Filed with the I.C.C. by Attorney Francis A. Boyle is provided as a sample.
        1. The International Criminal Court should be strengthen and be able to try individuals who have committed serious crimes and cannot be arrested in absentia. Judge Baltasar Garzon, an internationally known Spanish judge for trying to extradite former Chilean dictator Augusto Pinochet, and exploring criminal action against six former Bush administration officials for the torture of Spanish citizens at the U.S. prison at Guantanamo Bay under “universal jurisdiction.” Garzon, recently wrongfully suspended from the bench is doing some work for the ICC.
    4. 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.
    5. Continually refine this document based on lessons learned.