Petition to Stay Daniel Smith's Sentence and End Malaria Death
This petition had 3,823 supporters
If you support Daniel Smith and the bid to end malaria and other needless diseases, please sign the following (abridged) petition today.
The full version can be read at: http://standbydaniel.com/stay-daniel-smiths-sentence-end-malaria-death-toll-in-2017-petition AND play Daniel's video at: https://www.youtube.com/watch?v=ZcH0j0YynzU
To: The Honorable Donald J. Trump, President of the United States of America
We the diverse and freedom-loving People of this great nation, in concert with concerned citizens representing over 110 nations across the globe, earnestly petition your clemency in the manner of Reprieve, pursuant to Art. II, Sect. 2, Cl. 1 of the U.S. Constitution, by granting the immediate temporary stay of the 51-month sentence of health-freedom advocate, political prisoner, husband, father, grandfather and friend, Louis Daniel Smith, through the conclusion of his appeals. This request for extraordinary relief is based upon extraordinary circumstances - as you may gather by our number, diversity, and comments.
Daniel Smith is presently serving a 51-month sentence in BOP custody at Seatac FDC in Washington State (Inmate #74882-065). His prosecution - stemming from alleged violations of the Food Drug and Cosmetic Act - proceeded from:
(a) a legally deficient indictment;
(b) erroneous application of established law;
(c) insufficient evidence of criminal intent; and
(d) a defective trial in which Mr. Smith was denied the opportunity to present a defense.
These substantial issues of fact and law are the subject of a languishing appeal, meticulously briefed and filed by court-appointed counsel on Mr. Smith's behalf. Legal scholars predict a high likelihood of a full reversal. A copy of the brief is included herewith.
However, by the time Mr. Smith's appeal has run its course, he will have served three quarters of a wrongful sentence with no recourse at law for the years stolen from him and his family. This is due, in part, to the Ninth Circuit's heavy caseload and the common tactic of delaying appeals. It is also needlessly costing the government over $44,000.00 a year.
Mr. Smith has exhausted all lower remedies by first requesting release pending his appeal from the court. The trial judge, however, denied release, speculating that Mr. Smith could be a flight risk because funds raised by supporters pretrial "could" have been used to secure a means to leave the country. This baseless argument belies the following facts:
(a) the DOJ/BOP has designated Mr. Smith community custody, granted him multiple unsupervised furloughs and currently employs him as a facility town driver;
(b) he was on pretrial release for over two years without incident;
(c) he has already relinquished his passport to the US Marshals;
(d) he maintains strong family and community ties;
(e) his trustee submitted an affidavit swearing that the funds in question had already been depleted, all spent on legitimate expenses in preparation for trial; and
(f) he has already served, without incident, over half the sentence relevant to his projected release date to home confinement.
Mr. Smith is clearly not a flight risk. He has no prior criminal background and is no danger to the community. He has been a target of special interests for being entrepreneurial and a humanitarian - for being truly American. Mr. Smith is loved by many from all over the world. The system has failed. The only just remedy is to stay Mr. Smith's sentence and release him pending the conclusion of his appeals.
Read the full petition at: http://standbydaniel.com/stay-daniel-smiths-sentence-end-malaria-death-toll-in-2017-petition
We the People, therefore, humbly petition you, Mr. President, for the Reprieve of Mr. Smith's sentence, so that he may return home to support his family, including his wife and children, and his ailing father, whose heart is failing and who need his support. We are not asking for an Executive Pardon, simply a Reprieve. Should he not prevail in his appeals, Mr. Smith would, without fail, finish any remaining portion of any sentence and do so with our full support.
28 C.F.R. Sect. 1.11 informs that the regulations for the Department of Justice as it pertains to Executive Clemency "are advisory only and for the internal guidance of the Department of Justice personnel. They [do not] restrict the authority granted to the President under Article II, section 2 of the Constitution", which states that the President "[s]hall have the Power to grant Reprieve and Pardons for the Offences against the United States, except in Cases of Impeachment."
Thank you, Mr. President Trump, for considering this petition in Mr. Smith's and the public's greater interest, and for your promise to make America great again.
Today: Fund for P. Smith is counting on you
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