CONSPIRACY, THE PROSECUTOR’S DARLING – Bunkerville Trial

CONSPIRACY, THE PROSECUTOR’S DARLING – Bunkerville Trial

by Loren Edward Pearce


In a recent Facebook post, a meme stated, “You better start caring about the trial going on Nevada right now.  Your rights depend on the outcome.”

For many of us, the process of watching the wheels of injustice turn in the courtroom has also turned our stomachs as we witness first hand our awful situation.  Like draining the swamp, we have left our comfortable easy chairs, our EAR (entertainment, amusement and recreation) lifestyle, to watch as federal judges and prosecutors expose their corruption, their twisted logic and most of all, their departure from the original intent of the framers of the constitution.  Like the ignorant homeowner distracted by other pursuits in life, we worked and played while the termites quietly destroyed the foundation of our home.   Little did we know how bad things were until we observed the trials going on in Oregon and in Nevada.

Among the many injustices and unconstitutional shenanigans that have been exposed by our newfound interest in the so called justice system, is the subject of criminal conspiracy.

Conspiracy, coined the prosecutor’s “darling,”, is one of the most commonly charged federal crimes.  The charge of conspiracy is a prosecutor’s darling because of the great advantage it gives to prosecutors, and the government, and the great disadvantage it gives to the accused, the defendant.  Keep in mind that, one of the intents of the founders was for prosecutors to be neutral, unbiased pursuers of truth and justice, not convictions.  Prosecutors, paid for by the people, were to represent both the government and the defendant equally, in the quest for the truth.  Today, nothing could be further from the truth as the government prosecutors are interested only in convictions and protection of their employer, the government.


The offense of conspiracy has great breadth, and prosecutors have applied it to a variety of situations.  Commentators have noted that “it is clear that a conspiracy charge gives the prosecution certain unique advantages and that one who must defend against such a charge bears a particularly heavy burden.”

The Supreme Court has described the gravity of the conspiracy offense: “For two or more to confederate and combine together to commit or cause to be committed a breach of the criminal laws, is an offense of the gravest character, sometimes quite outweighing, in injury to the public, the mere commission of the contemplated crime. It involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices. And it is characterized by secrecy, rendering it difficult of detection, requiring more time for its discovery, and adding to the importance of punishing it when discovered.”

Conspiracy, a crime special to common law jurisdictions and largely unknown, except in modest forms, in continental European countries, is one of the most controversial of all substantive crimes. It affords great advantages to law enforcement, since it avoids multiple trials, permits prosecution of preparatory activity at an early stage, facilitates prosecution against organized criminality, and extends a number of evidentiary and procedural advantages to the prosecution.

At the same time, it constitutes what Justice Jackson in Krulewitch termed an “elastic, sprawling and pervasive offense” that departs from traditional requirements of liability: (1) the crime of conspiracy is vaguely defined and its contours are often unpredictable; (2) it permits conviction on acts largely mental in character; (3) its essential feature, an agreement, is often diluted to something approaching suspicion of agreement; and (4) it affords a highly tenuous basis for holding the defendant for substantive crimes committed by others. Moreover, the procedural advantages to the prosecution impose corresponding disadvantages on the defendant, disadvantages thought inappropriate and unfair when other crimes are charged.

THE FLIP FLOP HISTORY OF CRIMINAL CONSPIRACY

According to Edward Coke, conspiracy was originally a statutory remedy against false accusation and prosecution by “a consultation and agreement between two or more to appeal or indict an innocent man falsely and maliciously of felony, whom they cause to be indicted and appealed; and afterward the party is lawfully acquitted”.Conspiracy, 1 Encyclopedia of Crime and Justice 241-2 (2d ed. 2002); James Burke, Sandord Kadish,Dan M. Kahan]

Conspiracy laws originally protected the citizen from malicious prosecution, where the courtroom was used as a tool to indict and punish political enemies of those who were in positions of political power.  The conspirators and co-conspirators were the government who wrongly used the grand jury system to indict, harass and punish those who would dare oppose them.

Like a home invader who has been confronted by a homeowner with a gun in self defense, the government has seized the gun from the homeowner’s hand and turned that gun against the gun owner.   The term “conspiracy” has been hijacked from its original purpose in protecting the citizen from government and prosecutorial abuses to one where the prosecution uses it against citizens who seek to assert their constitutional rights.

The real conspiracy exists in the vast undertaking by unscrupulous and corrupt individuals who have built an empire out of government.   Vast bureaucracies and federal agencies which have a life of their own, and like any organism, a bottomless desire for self preservation and self engrandizement.  Conspiring to write and enact laws that give them leverage over any citizen who would challenge them, they conspire within their common interest, to defend and uphold their employer, the federal government, by declaring any individual who opposes them as “co-conspirators” immediately shutting down dissent and civil disobedience as the final recourse.

Ryan Bundy recently called our attention to how one-sided the Bill of Rights were.  One sided and exclusively in favor of the citizen and the accused.  The framers of the Bill of Rights knew from their own experience how dangerous centralized, federal government was and therefore made the Bill of Rights one sided because to do otherwise, would give the centralized government and empire builders, a toe hold to abuse their centralized, government power.

For example, the federal courts, to justify trying co-conspirators together rather than severing into separate trials, referred to “judicial economy” as the excuse.  Judicial economy meaning that they didn’t want to bother with the time and expense of separate trials, therefore, they would be tried together.  However, the right to a separate trial assures fairness and justice so that the the guilt of one conspirator is not automatically transferred to another defendant.   Likewise, hearsay evidence from unknown co-conspirators is admittable by the court under the guise of judicial economy.

Judicial economy is not mentioned in the Bill of Rights.   Nor is complex case nor is there anything to do with the convenience of the plaintiff, the government.  The Bill of Rights are a reminder to the government that it is a one-sided system, the protection of the accused, the protection of the citizen.

As we have noted in other articles, the federal courts have a high conviction rate, over 95%.   Is that due the overwhelming guilt of every defendant?  Is it due to the extreme competence of the prosecutors?  Or is it due to the tools that the federal team (judge, prosecutors, marshals) have given themselves, such as the tool of conspiracy charges?

Yes, we better pay attention to what is happening in the Nevada courtroom and then work to change it, lest the conspiring termites continue to eat away at the Bill of Rights and our constitutional foundations, and we, the average citizen, be prosecuted as co-conspirators with the system rigged against us.

For an in depth analysis of Federal Criminal Conspiracy and how it has evolved to be the prosecutor’s darling, please see:  Federal Criminal Conspiracy by Todd R. Russell and O. Carter Snead

 

From Redoubt News

 

Comments

  1. Tubs 22 April, 2017, 12:50

    I have had the privilege of holding elective office in one of the 40 largest cities in the United States. Much like our President, I was elected by large margins and never had the support of the establishment. I knew going in that things were broken. However, I was unprepared for the level of corruption I witnessed during the eight years I sat on the other side of the table.

    Government feeds itself first and it is a gluttonous pig. There is no consideration for the citizen unless they come with offerings of fatted calves. The public sector bureaucracy controls the tlow of information used to guide the decision outcomes they desire. In the rare instances outside information is brought forth the person bringing it is accused of ethical violations.

    When the government desires to do something expressly forbidden by the law it doesn’t comply. Instead it quietly changes the law, usually to the detriment of the community it claims to serve.

    The general public are serfs ….. Whose sole purpose is to surrender its wealth and liberties to the members of a faceless bureaucracy. It mercilessly attacks thoee that challenge it and in the rare instances where flagrent abuse of government authority is proven, there is never an admission of responsibility. Instead the occurance is spun up as an isolated incident. Nothing could be further from the truth.

    The culture of government ignores the existance of individual rights. It ignores the fact that a free people consent to be governed, and it has abandoned its role as protector and defender of indivudual liberty.

    Government is the living embodiment of conspiracy. It incrementally assaults individual liberty incrimentally by passing laws, and ordinances that empower bureaucrats to craft rules and regulations that carry the weight of law but never face the scrutiny of public debate or input. It has perverted its purpose and has criminalized descent. It controls our educational system and indoctrinated our children to submit to its authority blindly. It portraits those that oppose this unlawful behavior as threats to society and people to be reviled and dispised.

    You need look no further than the court room where the Bunkerville trial is being held. The fedetal judge placed the US Constitution in the shredder. Every allowance has been affotded the prosecution and the coutt has dictated what arguements and evidence may be presented by the accused. Witnesses for the defense have been threatened with criminal prosecution if they speak. The constitution has been banned from public display. The rights of the accused have been marginalized and the judge openly stated there are only 3 …. The right to plead guilty …. The right to testify ….. and the right to appeal.

    What made the rule of law work is that prince, pauper, and government agent was held to the same standard. No honestly objrctive petson can state that is how our legal system operates. Justice is not blind, it has been weaponized. It has become the club government uses to cow the people into subserviant servitude.

    Why else would veterans of military service be cast in the role of likely domestic terrorist? Why else woulr the government eanction the wholesale surveillance of the general public? Why else would the government indemnify its agents for actions that would land you in a jail cell? Why else would government treat the Bill of Rights as a list of revocable privileges granted by a benevolent despot?

    I am a veteran and I swore an oath …. As an elected official I swore an oath …. These were not empty words stated for the sole purpose of ceremony. Unfortunately I am the anomoly …. Look at the efforts of our 45th President and the outragious actions taken to thwart him at every turn. The People voiced their disgust with the system when he was elected by an overwhelming majority of the electoral college. So why have the career public servants locked arms to defy him. Look at the felonious violations of the law that keep being labeled as irrelevant. Look at the panic caused because government is being directed to serve not dictate.

    Open your eyes …. Think for yourself. .. Question the motives of the social engineers … Return to the moral absolute’s of right and wrong and reject the social orders elevation of legal and illegal as the behavioral bench marks … Understand that “Rights” are not a get out of jail free card. Exercising your rights comes with consequences and responsibilities … Accept that your right to be different does not limit the rights of others to take exception …

    The US Constitution conveys to the federal government limited authority. It has strayed well outside those limitations. Just because it used the legislative process to violate the Constitution does not make it right, propet, or legal.

    Do not look to conformity with the rest of the world as legitimizing its expanded authority. Our nation was born out of the rejection of rules of societal order imposed in every other country on this planet. Only in the United States of America do individual rights exist bu mere virtue of a persons existance. Only here is governments authority derived through consent. Only here is government relegated to the role of servant.

    We live in perilous times. The very principles of liberty are under assault. The rights of the individual to self determine, to question, to disagree is about to be swept away. We were warned about being seduced by the wiles of conveience and safety …. Freedom is a dangerous thing because it is the venue of competing ideas …. and I would have it no other way ….

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