[Ppnews] Prisoners argue constitutionality of criminal code

[Political Prisoner News]

Greetings,

An important case was filed with the Supreme Court today.  It affects
all federal prisoners.  In particular, because it affects Indigenous
prisoners who were prosecuted in federal district courts, please
widely circulate the following.

MEDIA ADVISORY

For Release on September 24, 2007

Prisoners argue constitutionality of U.S. criminal code

For dozens of prisoners, attorneys Barry Bachrach and James W.
Parkman, III, filed a petition today with the United States Supreme
Court that challenges Public Law 80-772 (including Title 18, or the
U.S.  Criminal Code).  Tens of thousands of federal prisoners
prosecuted since 1948 may be affected by the Supreme Court's response.

"Public Law 80-772 is invalid," Bachrach asserted.  "This is a case
where numerous procedural errors occurred.  The law is clear; an act
of Congress cannot become a law unless it follows each and every
procedural step as defined in Article I of the U.S.  Constitution."

A bill originates in either the House of Representatives or Senate,
but its exact text must be approved by a majority vote in both
chambers.  While Congress is in session, that text must be certified
as having been passed in identical form by both Houses (or "truly
enrolled") and then signed by the Speaker of the House and President
pro tempore of the Senate.  After, the bill is presented to the
President to sign into law.

According to Bachrach, spokesman for the petitioners, H.R.  3190 was
passed by the House on May 12, 1947.  The resolution came before the
Senate, but Congress adjourned before the bill could be passed.  The
Senate should have returned the bill to the House to be resubmitted to
the Senate during a later session.  Instead, during the following
session, the Senate Committee on the Judiciary continued its review of
H.R.  3190 and added a volume of amendments to the bill.  The Senate
passed "H.R.  3190 As Amended," which was sent to the House for a
vote.  While the House agreed with the amendments, the members failed
to vote on "H.R.  3190 As Amended."

According to the Constitution, valid business is conducted only when
Congress is in session and a majority of members of both Houses are
present.  Yet, Congress authorized the House Speaker and President of
the Senate to sign enrolled bills during an adjournment of indefinite
length that began on June 20, 1948.  This incomprehensible error was
compounded when the Chairman of the Committee on House Administration
mistakenly certified as enrolled the original H.R.  3190.  Still more
errors occurred: the House Speaker and President of the Senate signed
the Senate's "H.R.  3190 As Amended," the bill was then misrepresented
to President Truman as being enrolled, and Truman signed the bill.

"Congressional journals clearly show that the House and Senate each
passed two separate bills that were grossly different.  According to
the Constitution, this means that neither bill ever became law,"
Bachrach said.

"Under P.L.  80-772, U.S.  district courts were given jurisdiction
over all federal offenses.  With P.L.  80-772 being invalid, however,
the district courts clearly lack jurisdiction.  The convictions and
sentences of these prisoners are therefore void."

Countries having extradition treaties with the U.S.  since 1948 and
their citizens, who were turned over for trial in U.S.  district
courts, also may be affected by the outcome of this case.

                                       ###

Contact: Barry A.  Bachrach, Esquire, 62 Paxton Street, Leicester, MA
01524; Telephone: 508-892-1533; E-mail: info at NoCriminalCode.us.

Download the petition and exhibits at www.NoCriminalCode.us.
Prisoners are encouraged to file behind this petition as soon as
possible.  If you do so, please notify us at info at NoCriminalCode.us.

Time to set him free... Because it is the RIGHT thing to do.

Friends of Peltier
http://www.FreePeltierNow.org



Freedom Archives
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415 863-9977

www.Freedomarchives.org  
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