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Greetings,<br><br>
An important case was filed with the Supreme Court today. It
affects<br>
all federal prisoners. In particular, because it affects
Indigenous<br>
prisoners who were prosecuted in federal district courts, please<br>
widely circulate the following.<br><br>
MEDIA ADVISORY<br><br>
For Release on September 24, 2007<br><br>
Prisoners argue constitutionality of U.S. criminal code<br><br>
For dozens of prisoners, attorneys Barry Bachrach and James W.<br>
Parkman, III, filed a petition today with the United States Supreme<br>
Court that challenges Public Law 80-772 (including Title 18, or the<br>
U.S. Criminal Code). Tens of thousands of federal
prisoners<br>
prosecuted since 1948 may be affected by the Supreme Court's
response.<br><br>
"Public Law 80-772 is invalid," Bachrach asserted.
"This is a case<br>
where numerous procedural errors occurred. The law is clear; an
act<br>
of Congress cannot become a law unless it follows each and every<br>
procedural step as defined in Article I of the U.S.
Constitution."<br><br>
A bill originates in either the House of Representatives or Senate,<br>
but its exact text must be approved by a majority vote in both<br>
chambers. While Congress is in session, that text must be
certified<br>
as having been passed in identical form by both Houses (or
"truly<br>
enrolled") and then signed by the Speaker of the House and
President<br>
pro tempore of the Senate. After, the bill is presented to the<br>
President to sign into law.<br><br>
According to Bachrach, spokesman for the petitioners, H.R. 3190
was<br>
passed by the House on May 12, 1947. The resolution came before
the<br>
Senate, but Congress adjourned before the bill could be passed.
The<br>
Senate should have returned the bill to the House to be resubmitted
to<br>
the Senate during a later session. Instead, during the
following<br>
session, the Senate Committee on the Judiciary continued its review
of<br>
H.R. 3190 and added a volume of amendments to the bill. The
Senate<br>
passed "H.R. 3190 As Amended," which was sent to the
House for a<br>
vote. While the House agreed with the amendments, the members
failed<br>
to vote on "H.R. 3190 As Amended."<br><br>
According to the Constitution, valid business is conducted only when<br>
Congress is in session and a majority of members of both Houses are<br>
present. Yet, Congress authorized the House Speaker and President
of<br>
the Senate to sign enrolled bills during an adjournment of
indefinite<br>
length that began on June 20, 1948. This incomprehensible error
was<br>
compounded when the Chairman of the Committee on House
Administration<br>
mistakenly certified as enrolled the original H.R. 3190.
Still more<br>
errors occurred: the House Speaker and President of the Senate
signed<br>
the Senate's "H.R. 3190 As Amended," the bill was then
misrepresented<br>
to President Truman as being enrolled, and Truman signed the
bill.<br><br>
"Congressional journals clearly show that the House and Senate
each<br>
passed two separate bills that were grossly different. According
to<br>
the Constitution, this means that neither bill ever became
law,"<br>
Bachrach said.<br><br>
"Under P.L. 80-772, U.S. district courts were given
jurisdiction<br>
over all federal offenses. With P.L. 80-772 being invalid,
however,<br>
the district courts clearly lack jurisdiction. The convictions
and<br>
sentences of these prisoners are therefore void."<br><br>
Countries having extradition treaties with the U.S. since 1948
and<br>
their citizens, who were turned over for trial in U.S.
district<br>
courts, also may be affected by the outcome of this case.<br><br>
###<br><br>
Contact: Barry A. Bachrach, Esquire, 62 Paxton Street, Leicester,
MA<br>
01524; Telephone: 508-892-1533; E-mail: info@NoCriminalCode.us.<br><br>
Download the petition and exhibits at
<a href="http://www.nocriminalcode.us/" eudora="autourl">
www.NoCriminalCode.us</a>.<br>
Prisoners are encouraged to file behind this petition as soon as<br>
possible. If you do so, please notify us at
info@NoCriminalCode.us.<br><br>
Time to set him free... Because it is the RIGHT thing to do.<br><br>
Friends of Peltier<br>
<a href="http://www.freepeltiernow.org/" eudora="autourl">
http://www.FreePeltierNow.org<br><br>
<br>
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