Prosecutors are engaging in plea-bargaining
without oversight, transparency, and citizens’ rights to appeal

Readers are encourage to take the time to understand the danger to you and your family of government prosecutors overreach destroying your rights to defend yourself. If you agree that Sixth Amendment rights of citizens should be restored, please consider telling your Congressional Representative and Senator to take action.  

Abusive government overreach and prosecutorial misconduct is in violation of the Sixth Amendment and makes a mockery of our liberty and Constitution.  This misconduct created the over-criminalization of Americans that Congress enacted and funded in violation of our Bill of Rights and Amendment 6 of the U.S. Constitution.

Congress was requested to abide by the Sixth Amendment of the Constitution and stop  1) prosecutors unfairly engaging in plea-bargaining without oversight, transparency, and right to appeal; and 2) prosecutors dictating the judges’ role to sentence and imprison Americans without oversight and transparency.The following plea for help was mailed twice to every U.S. Senator and House Representative from from 96 citizens between July 2023 through Nov 2023 and not one Congressional office responded or replied.

Below is a sample of the letter mailed to every U. S. Representative and every U. S. Senator between July 2023 and November 2023.  Not one reply was received!
Thank you for your service to support and defend the Constitution. The courtesy of a reply is requested to this respectful plea for help.

America has more U.S. Codes than can be read in a lifetime, yet we are responsible to obey each one. Various sources report the average American commits three felonies each day without even knowing it. When we had the rights guaranteed by Sixth Amendment, Americans did not worry about being imprisoned unjustly.  Citizens were pleased to have the options of jury trials or plea-bargaining with prosecutor oversight and transparency.  A fair plea-bargaining process gave citizens the option to settle charges speedily and get on with their law-abiding lives.  However, this changed when the Department of Justice (DOJ) issued unfair and non-compliant procedures and Congress funded unconstitutional government work.  Details of the problem, cause, and solution are shown in this Executive Summary.

The over-criminalization of Americans personally affects everyone. The We Can Be Heroes Foundation honors heroes and provides educational forums on America’s founding values and the Constitution.  Extensive research by various U.S. experts on the Sixth Amendment abuses led many to request you and each Committee Member place an Emergency Legislative Pause on government unconstitutional prosecutorial overreach.   

When Congress followed the rights guaranteed to citizens by the Bill of Rights and Sixth Amendment, Americans did not worry about being imprisoned unjustly.  We were pleased to have the options of jury trials or plea-bargaining with prosecutor oversight and transparency.  A fair plea-bargaining process gave Americans the option to settle charges speedily and get on with law-abiding lives.  However, this changed when the unilateral DOJ issued unfair and non-compliant procedures and Congress funded and approved this unconstitutional government work.

Over the decades, many civic organizations, such as the National Association for the Advancement of Colored People and subject matter experts, such as the National Association of Criminal Defense Attorneys, have pleaded with Congress to stop this abuse now widely known as “The Trial Penalty”.

Our request is simple.  The undersigned 96 citizens are simply requesting a pause, just a pause, to give you time to enact fair and reasonable Sixth Amendment Constitution-compliant measures through your bureaucracy without causing future harm to those you serve.  During the pause, prosecutors would continue their constitutional work with oversight and transparency and restore faith in our justice system.

We trust you are aware that the unilateral DOJ Sentencing Commission Mandatory Minimum Sentence Guidelines and prosecutor use of mandatory sentencing criteria has not reduced crime in America.  Instead, this so called tough of crime overreach causes harm to Americans with 1) imprisonment of innocent Americans, 2) the Trial Penalty of significantly longer imprisonment when constitutional trials were requested, 3) unreasonably long prison terms, and 4) unsustainable and unnecessary prison costs.

Additionally, all plea-bargaining lacking proof and admissible or legally obtained evidence in grand jury and other criminal cases involving countless Americans must be stopped and de-funded immediately.  This abusive government prosecutorial misconduct is an abomination to liberty and the Constitutional intent of grand juries. Note the Executive Summary suggests you re-think and redefine the government use and validity of abusive grand jury indictments lacking prosecutors’ oversight, admissible evidence, and withheld evidence.

To be clear, the undersigned fully support prosecutorial plea-bargaining power when transparency and oversight outside the prosecutor’s agency chain of command exists and when an unbiased judge has the authority to waive the prosecutor’s or Sentencing Commission Mandatory Minimums.  Plea-bargaining compliant with the spirit of the Sixth Amendment serves our community in the speedy resolution of cases.

We are sharing this urgent request to sound the alarm to Congressional Chairpersons and Committee Members, your constituency, and Americans across the country.  Please reply with your plan of action.

We implore you to stop funding unconstitutional work of prosecutors.   May God grant you the speed and courage to act responsibly with haste to save lives and our freedom.The Legislative Pause should allow you time to enact fair and reasonable Sixth Amendment Constitution-compliant measures through your bureaucracy without causing future harm to the Americans you serve.  Please take emergency action to protect the Constitution Sixth Amendment rights of my family and community to defend ourselves against prosecutorial overreach without oversight and transparency.

To be clear, we fully support prosecutorial plea-bargaining power when transparency and oversight outside the prosecutor’s agency chain of command exists and when an unbiased judge has the authority to waive the DOJ Sentencing Commission Mandatory Minimums. Plea-bargaining compliant with the spirit of the Sixth Amendment serves our community in the speedy resolution of cases.

We have mailed this urgent request to every Congressional Representative two times and share with your constituency, and Americans across the country.

Please reply.  We trust you will stop funding unconstitutional work of prosecutors and the DOJ.  May God grant you the speed and courage to act responsibly with haste to save lives and freedom.

References:
The We Can Be Heroes Foundation Constitution Reports:
https://wecanbeheroesfoundation.org/executive-summary-your-probable-imprisonment-reaches-alarming-rate;
https://wecanbeheroesfoundation.org/your-probable-imprisonment-reaches-alarming-rate/ and
The prestigious National Association of Criminal Defense Lawyers complete report for download at https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct

Very respectfully,
(Names of the 96 parties choosing to consolidate this request in one mailing to alleviate the administration burden of handling each request individually were sent to Congress and are on file and removed from this internet post to protect their privacy.)