Nefarious Manipulation of Existing Processes have existed for a very long time. It is The Danger of Discretion.
“The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.” [2]
With today’s foreign funded efforts to replace working prosecutors with seditionists of the lowest order, the notion of prosecutorial discretion needs a limit set by law. Not on the accepted power of discretion. On the application of it AT ALL. NO Congress ever granted intent to ignore any law.
“Most courts have held that a state must take action to protect an individual only when there exists a “special relationship” between the state and that individual. In attempting to define the requisite special relationship, the courts have adopted two distinct modes of analysis, both borrowed from the common law of tort. One approach focuses on whether the state caused the harm to the individual, the other on whether the state had a duty to protect the injured person.” [11]
In Bowers v. Devito, 686 F.2d 616, 618 (7th Cir. 1982). [12] The court, “after noting that “[t]he Constitution is a charter of negative liberties,” Judge Posner nevertheless declared that “[i]f the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into a snake pit.” This “position of danger” test operates exactly as a “special relationship” to expose the state to section 1983 liability for failure to act.” [11]
Just as the most recent election has shown, nefarious intent has manifested itself within the confines of existing mechanisms created under law. A complacent and otherwise sleeping Department of Justice has literally refused to bother setting any of it straight.
During the 2020 Presidential election, nefarious traitors to the union chose to manipulate existing processes, not to confront those processes. They created ballots to fill in the holes. They created domiciles where no person has ever lived. The resurrected dead people by the thousands. They manipulated quite a bit of the standard accepted processes of the election. It seems to have worked where local states are so corrupt that such manipulation has been either ignored, or outright refuted even though evidence tells a different story.
The same tactic is being used by the same people to manipulate the criminal justice system. It has been for decades. And there is always a reason.
How best to destabilize a community than to unleash its worst upon it. Then, the perpetrators of destruction can arrive on their freshly painted white horses and save the day. Prosecutors, under the guise of reform have allowed inmates awaiting trail to escape without bail. They have used the excuse of a virus to reject their responsibilities to protect those given to its care by releasing criminals into the streets. They have changed the way crimes are viewed in order to not have to prosecute. They have by policy set blanket rejections of crimes in order not to have to consider evidence and make a decision. They have relegated the process of discretion to only mean the protection of those most dear.
In “Meet Steve Descano, the Rogue Prosecutor Whose Policies Are Wreaking Havoc in Fairfax County, Virginia” published by Heritage [1] Zack Smith, Legal Fellow at The Meese Center and
Charles “Cully” Stimson, Senior Legal Fellow & Manager, National Security Law Program: the ‘rogue prosecutor’ is uncovered in the face of one Steve Descano. A Soros puppet.
“Like Larry Krasner in Philadelphia, Kim Foxx in Chicago, and other Soros-backed rogue district attorneys, Descano, who was elected in November 2019, has no regard for victims or their rights. Instead, these rogue prosecutors care more about criminals and their rights.” [1]
“[R]ogue prosecutors: (1) usurp the constitutional power of the legislative branch by refusing to prosecute entire categories of crimes; (2) abuse their offices; (3) enable crime to explode under their watch; and (4) harm the very people they pretend to care about the most, including low-income and minority individuals.” [1]
In Fairfax County Virginia;
“You can steal or shoplift goods valued at up to $1,000. You can assault most individuals in the commonwealth, including schoolteachers and health care workers. You can commit arson to defraud your insurance company as long as the property you burned was worth less than $1,000. You can willfully and intentionally set off a smoke bomb in a school, theater, store, office building, shopping mall, coliseum, or arena. You can commit prostitution or solicitation of prostitution without any repercussions. You can participate in a riot. You can obstruct legal process. You can obstruct emergency medical services personnel from delivering emergency medical services after the EMS personnel have requested that the obstruction stop. You can accept a bribe as a legal process server to delay or omit service. You can obstruct justice—even by threats or force. You can knowingly and willfully make a materially false statement to a law enforcement officer. You can resist arrest. You can knowingly make a false police report. You can use a police radio during the commission of a crime. You can commit some forms of jury tampering. You can engage in some forms of extortion as a governmental officer. You can fraudulently make a false entry or erase, alter, or destroy a record as clerk of court or other public officer. You can aid the escape of a prisoner. You can indecently expose yourself. You can drive recklessly, so as to endanger the life, limb, or property of anyone else. You can possess Schedule III, IV, V, or VI drugs. You can also possess with intent to distribute certain illegal drugs.” [1]
That is not justice, that is anarchy.
Even deep inside the red state of Texas, Dallas has joined this absurdity: [3] “Beginning Monday, January 4, 2021 at 6:00am, police officers will no longer be dispatched to the following calls,’ the memo states, going on to list 13 offenses, including ‘reckless damage,’ ‘runaways,’ and ‘interference with child custody.”
The ‘deep state’ has been doing this for a very long time. Even cases where the victim is the United States of America have gone not prosecuted. The current Soros backed invasion of criminal coddlers is just taking it to the local office where it has been ensconced in the federal government since dirt.
In 2013 Ralph R. Alexis, III of Porteous, Hainkel & Johnson, LLP offered a PowerPoint presentation entitled: The Ethical Responsibilities of Prosecutors [4] in which he provided the American Bar Association standard that applies: “ABA Standard 3-1.2 The Function of the Prosecutor (a)The office of prosecutor is charged with responsibility for prosecutions in its jurisdiction. (b)The prosecutor is an administrator of justice, an advocate, and an officer of the court; the prosecutor must exercise sound discretion in the performance of his or her functions. (c) The duty of the prosecutor is to seek justice, not merely to convict. (e) It is the duty of the prosecutor to know and be guided by the standards of professional conduct as defined by applicable professional traditions, ethical codes, and law in the prosecutor’s jurisdiction. The prosecutor should make use of the guidance afforded by an advisory council of the kind described in standard 4-1.5.”
In all of the case-law relevant to prosecutors none that I have found has dealt with the acts the rogue prosecutor is now exploiting.
Alexis included Imbler v. Pachtman [4] “We emphasize that the immunity of prosecutors from liability in suits under Section 1983 does not leave the public powerless to deter misconduct or punish that which occurs…. a prosecutor stands perhaps unique, among officials whose acts could deprive persons of constitutional rights, in his amenability to professional discipline by an association of his peers.” Which does not seem to comport with the plain language of McLaughlin v. Tilendis.424 U.S. 409, 428-429 96 S.Ct. 984, 47 L.Ed.2d 128
“Conduct by persons acting under color of state law which is wrongful under 42 U.S. C. § 1983 or § 1985 (3) cannot be immunized by state law. A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be enforced. See McLaughlin v. Tilendis, 398 F.2d 287, 290 (7th Cir. 1968). The immunity claim raises a question of federal law.” Hampton v. Chicago, 484 F.2d 602, 607 (CA7 1973), cert. denied, 415 U.S. 917.
“Professional discipline by an association of his peers” sounds a lot like a pack of coyotes celebrating a kill. Creating a condition where your job can only be reviewed by other predators is good work if you can get it.
“One of the most disturbing features of rogue prosecutors is their utter disregard for real victims of crime and for victims’ rights under state law. It’s one of the cancerous features of this radical new breed of prosecutors.” [1] Those are the locals.
Even our local county prosecutor ( a proven criminal in his own right) Kent Volkmer is a rogue prosecutor: [5] “June 25, 2015 Garland Shreves filed suit against CENTRAL ARIZONA COLLEGE to get rid of their board. S-1100-CV-201501190 SHREVES VS PINAL CO COMM COLL. Attorney Kent P. Volkmer of the Wallace, Volkmer & Weagant law practice filed the action. It didn’t take long. After a motion to dismiss: Jan 26, 2016 the case was thrown out with prejudice! Apparently still not wanting to “wait for the complaint process between the County Attorney’s Office and the Attorney General” on May 23, 2016 Volkmer seems to continue to represent Shreves and starts http://kentvolkmer.com to run for the County Attorney’s position. He won. On Jan 3, 2017 Kent Volkmer was sworn in as County Attorney. He hired Garland Shreves as Chief of Staff. So perhaps now we know a bit more about Garland Shreves and why he is moonlighting as Chief of Staff to Kent Volkmer[6].
Federal prosecutors have created the model these local yokel enablers have simply followed and George Soros has funded.
“A day after announcing a “significant escalation” in the Trump administration’s campaign against cities that do not cooperate with federal immigration authorities, U.S. Attorney General William Barr doubled down Tuesday on his criticism of local prosecutors in those jurisdictions, saying they “are putting everyone in danger” by refusing to enforce a host of laws.
The highly critical comments were aimed at prosecutors in so-called sanctuary cities, counties and states that have emerged as an intractable thorn in the Trump administration’s side, as it has struggled to clamp down on the more than 10 million undocumented immigrants in the United States.
Barr, addressing a meeting of sheriffs in Washington, railed at what he called “rogue DAs (district attorneys)” who he says have taken on a new role of “judge-legislator-prosecutor” and fail to protect law enforcement officers.
“These self-styled ‘social justice’ reformers are refusing to enforce entire categories of law, including laws against resisting police officers,” Barr said in a speech at the Major County Sheriffs of America Winter Conference. “Their policies are pushing a number of America’s cities back toward a more dangerous past.”
At a time when nationwide crime is trending lower, Barr said, the crime rate in cities with “progressive” prosecutors remains historically high.” [7]
Meanwhile his own prosecutors were setting the standard.
Donald V. Watkins is “an American trial attorney, journalist and international entrepreneur” [8] in Alabama and from his legal evaluation writings quite the brilliant advocate. In his piece entitled “Plain Talk About Rogue Prosecutors” as he likes to say “Copyrighted and Published” in February of 2020, he makes the case quite well:
“Roger Stone’s case may be a blessing in disguise for America. … The prosecutors in Stone’s case — Aaron Zelinsky, Jonathan Kravis, Adam Jed, and Michael Marando — asked the judge to sentence him to seven to nine years in prison.” [9] “President Trump, Attorney General William Barr, and other top Department of Justice (DOJ) officials have called this sentencing recommendation “‘horrible,’ ‘very unfair,’ a ‘miscarriage of justice,’ ‘excessive,’ ‘extreme,’ and ‘grossly disproportionate to Stone’s offenses.’ In an obvious reference to the prosecutors in Stone’s case, Trump noted that ‘[t]he real crimes were on the other side, as nothing happened to them.'” [9] “President Trump may be subject to many criticisms, but he is right on this matter. The DOJ falls within the executive branch of our national government, which Trump heads. Every president has the clear power and authority to direct any and all operations of the Department, without exception. No Constitutional provision or federal law mandates that President Trump must stay out of any legal matter where the United States is a party.” [9]
Obviously that would include where the United States is the victim.
Watkins finishes his piece with this very appropriate call for action:
“Now is the time for President Trump to implement a genuine system of accountability within the ranks of DOJ’s career prosecutors. He is the only person in government with the backbone to do it. Ordinary citizens cannot hold rogue prosecutors accountable because all prosecutors enjoy immunity from civil lawsuits. Most federal judges will not hold them accountable either. They willingly subjugate themselves to rogue prosecutors while exhibiting a “go along to get along” attitude. America’s best chance for achieving meaningful criminal justice reform and accountability over unsupervised, “corrupt” prosecutors lies with Donald Trump. He knows, firsthand, the “evil” he is fighting within the DOJ. If Trump wins this fight, all Americans will benefit. Americans should step back and let President Trump’s criminal justice reform initiatives clean up the corruption within the DOJ.” [9]
President Trump knows a great deal. More than I will divulge here. But I will relay what the former Attorney General was told in September of 2020:
“While your department, over almost two decades, has undeniably demonstrated a total lack of interest in anything remotely resembling justice in the matters mentioned in this complaint and its corresponding supporting materials before your most recent arrival; it is imperative that you do what your predecessors have refused to do: YOUR JOB!
Whereas the United States of America is a victim in the matters addressed in this complaint, in both the 4th and 9th circuit courts and appeals venues it is imperative that you “Represent the United States in legal matters” and cause investigation and prosecution of these matters. Completion of those tasks would permit our multiple civil cases to be released and completed. Waiting 14 years is flat out ABSURD!
With prosecutorial discretion being nearly dictatorially royal in power and authority; it is not unconstrained. Fourteen years of such ‘discretion’ is not discretion, it is abuse and misconduct and criminal in its own right.
What you do with the crimes against us and The United States of America your department has been told about for DECADES is not of my concern. I did my part. I exposed a corruption so deep it can be smelled in every legal venue in the nation.
My concern is that your department’s refusal to even refuse prosecution and investigation, thereby releasing the holds placed on our cases in both the 4th and 9th circuit courts amounts to a criminal conspiracy to deprive us of our basic Constitutional rights; conducted personally by numerous persons acting as U.S. Attorneys, FBI Agents and FBI Counsel spanning some 14 years, across multiple Administrations, agencies, circuits and Attorneys General.” [10]
Shortly thereafter: he resigned.
Perhaps Mr. Trump’s “criminal justice reform initiatives” will never see the light of day. Perhaps they will.
NO! I have not forgotten the Los Angeles County Rogue Prosecutor. Wait for it.
[1] https://www.heritage.org/crime-and-justice/commentary/meet-steve-descano-the-rogue-prosecutor-whose-policies-are-wreaking
[2] See Criminal Justice Standards for the Prosecution Function, Part I, Standard 3-1.2(b) (Am. Bar Ass’n 4th Ed. 2017), available at https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/.
[3] https://www.sgtreport.com/2021/01/leaked-memo-shows-list-of-crimes-dallas-police-will-no-longer-respond-to/
[4] http://www.ciclt.net/ul/ldaa/EthicalResponsibilitiesofProsecutors.pdf
[5] https://leehempfling.com/legal/corruption/why-garland-shreves-is-moonlighting-as-chief-of-staff-for-kent-volkmer-in-pinal-county-arizona/
[6] https://leehempfling.com/legal/corruption/who-is-garland-shreves-and-why-is-he-moonlighting-as-chief-of-staff-to-kent-volkmer/
[7] https://www.voanews.com/usa/us-politics/us-attorney-general-blasts-rogue-prosecutors-amid-war-sanctuary-cities
[8] https://www.donaldwatkins.com/
[9] https://www.donaldwatkins.com/post/plain-talk-about-rogue-prosecutors
[10] Partial quote from the letter of September 29, 2020 to Mr. William Barr, Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001
[11] https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4494&context=uclrev
[12] https://www.casemine.com/judgement/us/591490c6add7b0493457c701