In May 2014, James Everett Dutschke was sentenced to 25 years in federal prison for a crime he did not commit. He was held without bail in the deepest, darkest conditions one could imagine, under the little-known "SAM order"—which restricts all communication of any kind with any person. It was there, in a SAM cell, cut off from the outside world and even from his lawyer, that a guilty plea was forced from him by federal prosecutors.

His first chance to speak after nearly a year in those extreme conditions was when the prosecutors brought Everett to court for sentencing. There, he explained his innocence, asserting it no less that 25 times and tried to withdraw from the coerced plea. The judge sentenced him anyway and he was sent to the National Security Unit (SAM unit), in a wing of the ADX Supermax, where he could speak out no more, to sit for two and a half decades for "developing a biological weapon."

Such a travesty of justice has no place in America. This kind of "justice" one would expect in Soviet Russia or North Korea, not in a free country with constitutional strictures on such abuses of power.
The SAM power, granted by the President to only one man (Eric Holder at the
 
Free James started this petition
to President Donald J. Trump and 1 other
time) without any due process or a means to fight it, is a violation of our Constitutional rights. Authorized as a way to "fight terrorism" and "protect national security," it is now being used as a tool of oppression. It was used to cripple Everett's defense, silence him from the press, conceal exculpatory evidence and force him to plea, condemning him to a hellish existence for most of the rest of his life, destroying his family as collateral damage.
Everett was targeted for that fate by a desperate criminal defendant (the suspect originally arrested) and a cabal at the highest level of the DOJ, including Holder, Bob Mueller (in 2013) and Jim Comey (in 2014).
The original suspect/defendant, Paul Kevin Curtis, was accused of mailing what is known as the "KC letters" to three powerful people: a judge Curtis hated, US Senator Roger Wicker, and President Barack Obama. The letters were alleged to be "laced with ricin, a deadly poison." Curtis was facing life in prison without parole when he made a deal with the prosecutors to finger Everett as the man who had produced the "ricin"—a man who was also on Curtis's bad side for refusing to cover one of Curtis's bizarre conspiracy theories in the newspaper that Everett owned. Curtis was subsequently released from jail, to begin his nationwide "blame Everett" media campaign.
Shortly thereafter, the Holder/Mueller DOJ produced a dustmask which it claimed was found in a dumpster outside Everett's office building. A corrupt FBI agent also claimed (in court) that it tested positive for ricin and had traces of Everett's DNA on it. It was their "smoking gun."
The media, already covering the case wall-to-wall, obediently repeated this claim, branding Everett as a traitor and terrorist to a national audience.
From the highest level of that government (literally), the FBI Director Bob Mueller and Attorney General Eric Holder brought the full destructive power and force of that administration to bear down on Everett. In 2001, Mueller had falsely accused a CDC scientist of being the 2001 "Anthrax mailer," which ultimately resulted in the innocent man's suicide; Mueller could not be seen to have made the same mistake twice. To guarantee a conviction, Mueller endorsed the 2013 SAM order which was personally issued and signed by Eric Holder, with and under President Obama's full knowledge and authority, so that Everett would be locked away, unable to speak out in his own defense while they prosecuted him.
When all the mailing evidence continued to point solely to Curtis, and the actual lab analysis for the dustmask returned as NEGATIVE for Everett's DNA and when the lab analysis confirmed that both the dustmask AND the "KC letters" themselves were NEGATIVE for ricin, Mueller and Holder (and later, Comey) didn't care. They continued to cover for the corrupt FBI agent and others, and continued the prosecution. It didn't matter to them if the wrong guy went down for a crime that never happened—as long as it LOOKED like they got the right guy. They were too far publicly invested.
When Everett, still in total isolation, was told to plea guilty to save himself from life in prison, he refused and maintained his innocence, demanding his right to public
trial. There was no way Mueller/Holder could let this case go to trial, so they gave Everett an ultimatum..."plea guilty or we will indict your wife as a co-conspirator." Alone, betrayed by his government, and fearing for his wife, Janet, Everett signed a plea. He realized, by the time of his sentencing, that it was a bluff, but it was too late.

Once Obama left office and Holder was replaced, Everett, from inside the SAM unit at the ADX Supermax, was able to get that order dropped—which eventually resulted in his transfer from the Supermax facility to a maximum security prison. From there, for the first time, he is able to blow the whistle on the SAM, the SAM unit and what has been done to him.

Furthermore, to create coercive leverage to force Dutschke into a fraudulent conviction, a simultaneous parallel prosecutorial scheme proceeded against him by Lee County, MS prosecutors during which period Dutschke was explicitly denied any contact or communication with any person for any reason, as ordered by the President of the United States (Obama) through the personal hand and signature of U.S. Attorney General, Eric Holder (the "SAM order"). This complete denial of access and communication included his attorney of record, Lori Basham.

    Those conditions (denial of counsel) are undeniably and inarguably a direct violation of the Constitution's 6th Amendment. This egregious (and explicitly ordered) denial of counsel is unprecedented, having never occurred before and the U.S. Supreme Court (in Cronic v. U.S.) has already determined that as a matter of law, the conviction(s) MUST be reversed.

    Even the state of Mississippi (through its own attorneys) and the judge (Funderburk) have acknowledged that this is a case of First Impression. Thus, must be reviewed on the merits. Nevertheless, the Constitution and the law was not followed.

     As the signer of this petition, I state that I support the Constitution and its 5th Amendment right to (proper) Due Process as well as its 6th Amendment right to be represented by counsel. The facts, as laid out in both this petition and other public sources (including legal filings), all clearly demonstrate the prosecutorial fraud and constitutional violations. Political and fraudulent prosecutions and the judgements which follow allowing such prosecutions are an aberration to the Constitution and must not be allowed to stand.

     As a signer of this petition, I am demanding simply that the relevant judges (currently Funderburk and Aycock) as well as all other relevant parties respect and follow the established Constitutional, statutory and binding U.S. Supreme Court law by reversing the fraudulent criminal convictions. By digitally signing this, and similar, petitions I authorize the public release of my support in the form of pro-se Amicus filings, press releases and public on-line, video or audio promotion.

We are now asking the current President to right this terrible and unconstitutional wrong by granting Everett a full pardon.
Please sign this clemency petition.
Anyone wishing to learn more, interview by mail, or to otherwise correspond with Everett can now do so, without restriction. Please contact:

J. Everett Dutschke #15536-042 USP - Tucson
PO Box 24550
Tucson, AZ 85734