Friday, November 27, 2015

 
PROSECUTING DA'S AND JUDGES UNDER 18 U.S. CODE 242

NYT OPINION PIECE:

"If this notion seems radical, it shouldn’t. Federal law already provides a mechanism to prosecute judges and district attorneys as criminals when they willfully deprive people of their civil rights: Title 18, Section 242, of the federal code.

This isn’t some dusty, rarely used legal tool. The Department of Justice typically wields Section 242 against police and correctional officers accused of physical or sexual violence. But Section 242 applies with equal force to those who prosecute and sentence, the state officials whose deliberate skirting of civil rights can be most devastating."
 
Click for full article
 
While the author is correct in his analysis of the law, he is incorrect in stating no recent history of judges being prosecuted.  This is wrong.  U.S. Supreme Court in the case of Judge Lanier, ruled against the judge.  Federal Judge Kent was also convicted on sexual charges, but I cannot find any article which references the statutes under which he was indicted.
 
The case of Josefina Fisher was a black and white case.  Saenz charged her with obscene language: "to wit:  calling Yolanda Begum a fake."  Along with the charge came $6,000 from Alex Begum who does not even have a criminal practice.
 
But Saenz cut a deal with the DOJ to not prosecute Oscar de la Fuente.  This went against the argument presented to the jury in the Villalobos trial.  If Saenz were to be indicted for what ever reason and he produced proof of the deal, it would for sure result in a new trial for Armando Villalobos, criminal prosecution of those at the DOJ involved including now federal Judge Robert Pittman. The good news for Saenz and the DOJ is Villalobos does not have the legal acumen to force the issue out in a habeas corpus, or the money [well maybe - I know for a fact his ex wife is still fighting for him and she is a doctor] to hire competent counsel. 
 
So here is the deal guys, you can have a video of Saenz taking a bribe and saying thank you for the bribe and the DOJ will not touch it. Saenz is 100% protected against criminal prosecution.

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