Stand with Daniel to end prosecutorial and judicial abuse, and to enact reform today.
Stand with Daniel to end prosecutorial and judicial abuse, and to enact reform today.
Why this petition matters
Daniel Smith is facing 37 years in prison under a vindictive and political prosecution. In 2010, he and his family unwittingly became the victims of FDA fraud and malfeasance. This would be followed by selective targeting, prosecutorial abuse, and judicial misconduct - all sanctioned and supervised by the U.S. Department of Justice.
In December of 2014, a 5-minute video was released entitled, "MMS On Trial : A Message by Jim Humble" to help raise awareness and funds for Daniel's Smith's defense. In less than 30 days, the video would be seen in 163 countries and thousands of people would begin to Stand By Daniel.
Daniel Smith has begun a Hunger Strike in solidarity for liberty and justice - and to implore the 114th U.S. Congress to act - to stand by, for and with thousands of supporters worldwide to put an end to an "epidemic" of prosecutorial and judicial misconduct in the federal criminal justice system.
The time has come for Congress to follow in the steps of the "Good Parliament" - to impeach all levels of misconduct from the DOJ to the judiciary, and to set wayward federal agencies like the FDA back on track.
Some of the misconduct in Daniel Smith's case includes the following:
- Threats by the prosecution to coerce pre-indictment plea bargaining
- Admission of overcharging to enhance plea negotiations
- Withholding and delaying the release of exculpatory evidence
- Deliberate mishandling, mistreating, and destroying of evidence
- Unlawful sale and conversion of seized property prior to forfeiture
- Utilizing known false and misleading testimony before the trial court
- Employing coercive tactics to pressure defense witnesses not to testify
- Use of knowingly fraudulent data in expert opinion
- Overstating the strength of evidence to enhance plea negotiations
- Defamation of defendants' character and reputation in the media
- Use of false, misleading and extrajudicial statements in the media designed to arouse public indignation
- Intentional breach of attorney-client privilege
- Usurpation of the grand jury by employing false or misleading statements to induce jurors to not hear testimony from the accused
- Filing numerous false pleadings with the court
- Collusion with the court to suppress witness testimony and evidence favorable to the defense or harmful to the government's case
- Failure by the judge and the prosecution to follow Acts of Congress
- Failure to conduct fair hearings and to report prosecutorial misconduct
- Overt judicial bias and systematic discrimination of pro se defendants including changing of the facts and intentionally misrepresenting arguments to taint the record for appeals
- Failure to uphold and protect electronic privacy rights
- Encouraging prosecutors, and thus the executive branch, to continue violating constitutional rights
By and through this Petition, we the People respectfully move each and every Honorable Member of the U.S. House of Representatives to commence an investigation into the acts of certain officials, named and unnamed, of the U.S. Food and Drug Administration, the U.S. Department of Justice, and the Federal Judicial District of the Eastern District of Washington, through the adoption and/or resolution of draft articles of impeachment published herewith. See http://www.StandByDaniel.com.
By and through this Petition, we the People further move upon Congress to enact various reforms that will restore the public's confidence in the American criminal justice system and breathe new life into the lost sentiment of "liberty and justice for all."
A. INVESTIGATE REPORTS AND IMPEACH PROSECUTORAL AND JUDICIAL MISCONDUCT
Considered by many to be the greatest jurist of his era, Sir Edward Coke asserted that a corrupt judge was the greatest of all grievances, for he harmed the commonwealth more than anyone else because he made every subject a tenant at will for his rights.
More recently, former Chief Judge Kozinski of the U.S. Court of Appeals for the Ninth Circuit opined: "There is an epidemic of Brady violations [i.e., prosecutorial misconduct] abroad in the land. Only judges can put a stop to it.”
At the outset of this Petition, the prosecution in Mr. Smith's case has continued to withhold now, for two years, the sworn statements, names, and contact information of hundreds of witnesses favorable to the defense and which could alter the outcome of the case. Moreover, the prosecution has taken affirmative steps to bypass the agency's own "firewall" and to avail itself to hundreds of attorney-client privilege communications bearing on defense strategy. A review of the record by any unbiased party can see that the U.S. Department of Justice is working in concert with the District Court of the Eastern District of Washington to bring about an unjust end.
Judge Kozinski of the U.S. Court of Appeals for the Ninth Circuit recently asked a deputy attorney general during a hearing whether or not his supervisor wanted to defend a conviction "obtained by lying prosecutors." If so, Kozinski warned, the court would "name names" in a ruling that would not be "very pretty."
"The 9th Circuit keeps seeing this misconduct over and over again. This is one way they can really call attention to it." ~ Gerald Uelmen, of the Santa Clara University School of Law
The time has come to name names. By and through this Petition, we the People move the U.S. House of Representatives to commence investigative and impeachment proceedings against various individuals involved in the misconduct in Daniel Smith's case, including but not limited to:
- James A. Goeke, Asst. U.S. Attorney (DOJ)
- Christopher E. Parisi, Asst. U.S. Attorney (DOJ)
- Stuart F. Delery, Associate Attorney General (DOJ)
- Michael Blume, Director CPB (DOJ)
- Jeffrey Steger, Asst. Director (DOJ)
- Kathryn M. Drenning, Asst. U.S. Attorney (DOJ)
- Michael C. Ormsby, U.S. Attorney (DOJ)
- Chief Judge Rosanna Malouf Peterson (EDW)
- Elizabeth P. Miller (FDA)
- John "Bradley" Pace, J.D. (FDA)
- S.A. Dali G. Borden (FDA)
- S.A. Lisa Hartsell (FDA)
- S.A. Stephen Jackson (FDA)
- S.A. Robert Blenkinsop (FDA)
- Charles Lee, Polyglot Systems, Inc. (FDA)
- Margaret A. Hamburg, Commissioner (FDA)
Very few federal judges have been impeached in American history - only 15 - but not for lack of judicial misconduct, which is reported now almost daily in the news. Even fewer federal prosecutors have been impeached; in fact the number is ZERO. This is in spite of the fact that, as noted by the Ninth Circuit, prosecutorial misconduct has reached "epidemic" proportions.
This epidemic will persist until Congress acts to change the present trajectory of our criminal justice system by impeaching misconduct at every level and enacting reforms to curb abuse by individuals representing the executive and judicial branches of government.
"Unless and until these [individuals] are convicted in the court of public opinion, or disbarred, these very powerful and politically connected [persons] are still licensed to lie." ~ Sydney Powell, Author of Licensed to Lie: Exposing Corruption in the Department of Justice (2014)
It is the most important duty of the legislature to investigate and restrain the executive. That is the purpose of representation.
B. ENACT VITAL REFORM TO CURB PROSECUTORIAL AND JUDICIAL MISCONDUCT IN THE FUTURE
A growing list of essential reforms that we the People respectfully Petition the U.S. Congress to enact, include the following:
- In every criminal case, prosecuting attorneys must certify, under penalty of perjury, that they have timely provided to the defense all exculpatory evidence
- Targets of criminal investigations whom request in writing an opportunity to testify before an investigating grand jury, must be given an opportunity to do so absent an adversarial proceeding to determine by clear and convincing evidence that exigent circumstances exist to deny such a request
- Known exculpatory evidence must be presented to an investigating grand jury
- Presentation of evidence to an investigating grand jury that would otherwise be inadmissible at trial must not be presented to a grand jury unless a juror specifically asks
- Citizens must be given access to the special grand jury to present sworn criminal complaints for consideration lest the executive branch continue to be the sole gatekeeper barring investigation into government criminal conduct
- Abolition of plea bargaining or stricter guidelines to significantly curtail overcharging and to limit plea agreements entered into under threat, duress, and coercion
- Congress shall form a standing sub-committee to screen and investigate all reports of prosecutorial and judicial misconduct
- The longstanding right of a jury to judge both fact and law must be codified to allow jury instruction on the matter
- A criminal defendant shall have the right to waive Rule 53 and have a camera present at all criminal proceedings including trial and to request the media to record any such proceedings
- A target of an investigation shall have the right to have an attorney present during grand jury testimony similar to military grand juries
- Adoption of military grand jury procedures which are by far more even-handed, e.g., a target may challenge each count prior to the grand jury's deliberation
- Intentional destruction of evidence shall warrant dismissal of the complaint
- Codify a provision for dismissal of cases where 28 U.S. Code § 530B has been violated by a prosecuting attorney
- Redefine overbroad definitions of "a drug" under the Food Drug and Cosmetic Act.
"It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government, the country must be helpless to learn how it is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. The informing function of Congress should be preferred even to its legislative function. The argument is not only that discussed and interrogated administration is the only PURE and efficient administration, but, more than that, that the only really self-governing people is that people which discusses and interrogates its administration. The talk on the part of Congress which we sometimes justly condemn is the profitless squabble of words over frivolous bills or selfish party issues. It would be hard to conceive of there being too much talk about the practical concerns and processes of government. Such talk it is which, when earnestly and purposefully conducted, clears the public mind and shapes the demands of public opinion." GRAVEL v. UNITED STATES, 408 U.S. 606, 639 (1972)
Thank you for taking the time to read this Petition, for considering its relevance, and for acting upon it, to help breathe new life into the forgotten sentiment of "liberty and justice for all."
Thank you for Standing By Daniel.