Topic

Daniel Smith

2 petition

Started 5 months ago

Petition to The Honorable Donald J. Trump, President of the United States of America

Petition to Stay Daniel Smith's Sentence and End Malaria Death

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. Current Status: 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 Conclusion: 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.

StandByDaniel.com
1,838 supporters
Update posted 1 year ago

Petition to Justice Department President Obama, Jim L. Cosby Director National Institute of Corrections, Thomas R. Kane, Ph.D. Acting Director Federal Bureau Of Prisons

Return Louis Daniel Smith to a Minimum Security Prison Camp

From Larry Smith, Louis Daniel Smith's Father Louis Daniel Smith, the Champion of Alternative Health and proud advocate for MMS - which helped Malaria-stricken people throughout the World was imprisoned after a trial where the Judge refused to allow him to mount a Defense. What? This can't happen in America ~ right?  WRONG. He was found guilty ... by a startled Jury who couldn't believe he didn't put on a defense. Little did they know (they were not in the Courtroom) when the Judge had denied him the right to put on a defense. If you find this a mind boggling impossibility go to -   www.StandByDaniel.com and read a very explanatory and illustrative Blog ~ It is spellbinding.      He was sentenced to more than 50 months and moved to several different town jails until he was finally settled in a minimum-security Prison Camp in Sheridan, OR. The Bureau of Prisons (BOP) has 6 levels of prisons based on the risk threat of the Inmate's criminality. By their own Location Master Guide Book Daniel was the absolute lowest possible threat or risk to anyone. Automatically they finally placed him in in a Minimum Security Prison camp on November 30, 2015. I, and other family, visited him a number of times. It was indeed a camp with much freedom in and outside. The bucolic setting was delightful. BUT Horridly one month ago he was grabbed without any warning and rushed to Sea-Tac Detention Center a horrid prison and placed in a Maximum Security Cell. (Like on TV - 2 inmates, toilet in center of room, locked door. No view. No sunshine. No outside time.) Etc. Here is Dan’s description: “No I don't get to see the sun. I have no idea what the weather is like from day to day. Only florescent lights and grey concrete.” UPDATE:  6/19/16 - Daniel says the Guards here at SeaTac treat him fairly and reasonably. He is allowed to be out of his cell to use the telephone, use a computer (can not go to the internet...but does send emails) and have meals. He mostly stays in his cell and reads.There is zero reason for this totally unjust confinement. The Bureau of Prison’s Detailed Inmate Placement Guide clearly scores Daniel as the lowest possible risk and thus is to be placed in a Prison Camp and NOT A MAXIMUM SECURITY PRISON. Daniel's Appointed Attorney says the Bureau of Prisons has total control over where an inmate is placed and they do not even inform his/her Attorney. Death-Row felons have the highest score and thus are typically in total lockdown. This scale goes down to the inmate with the lowest possible points and is to be placed in a Camp (Like Sheridan had been) where the inmate is able to roam freely, go outdoors and watch the Canadian Geese, run the track, etc. DANIEL’S SCORE IS THE LOWEST. HE WAS CORRECTLY HOUSED AT SHERIDAN CAMP BUT NOW IS HORRIDLY AND UNJUSTLY BEHIND BARS IN THE HIGHEST RISK PRISON CELL.  We've labored diligently trying to get this dangerous fiasco reversed and transferred back to the Camp in Sheridan. It is deathly unnerving to me to see the ungodly threats surrounding my Son...at the Level 6 Prison Dentiontion Prison. In my last update I quoted from the Sea-Tac Website: The BOP’s website states that SeaTac has a proven history of violence to inmates. IN FACT: At least two (2) suspicious murders have happened. One murder the surviving family was awarded almost $1 million damages against the BOP.(4) Worse the SeaTac BOP Website brags about how notorious some of their inmates current or past are or have been. So - which of the 6 risk categories is Sea Tac?  ~~~~~~~~~~~~~~~~NUMBER 6 - The worst. Read the exact quote from their website: “...the containment of extremely dangerous, violent, or escape-prone inmates.” Will you please sign this Petition and ask the powers-to be to move Louis Daniel Smith back to a Minimum Security Camp? Rich BlessingsLarry SmithDaniel's FatherBlessUFriend@gmail.com              

Daniel Smith
1,656 supporters