- 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.
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- "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."
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- 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.
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- 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."
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- 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.
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- "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.
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- "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."
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- 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.
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- ___
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- Contact: Barry A. Bachrach, Esquire, 62 Paxton Street,
Leicester, MA 01524; Telephone: 508-892-1533; E-mail: info@NoCriminalCode.us.
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- Download the petition and exhibits at www.NoCriminalCode.us.
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