Plan to Prosecute Officials and Others with Opportunities for
Restorative Justice and Reconciliation for Victims and Perpetrators of Crimes

Please provide suggestions and corrections to DFPA@aol.com

This document provides, strategies, a plan, supporting documents to initiate and follow through with investigations, arrests or summons, indictments and prosecutions of civil and military government and private sector officials, legislators, members of the judiciary and others who have violated the law. It also provides opportunities for "restorative justice" and reconciliation to help heal/restore both the victims and perpetrators of crimes.

What Is Restorative Justice and Why it Should be Used Now

Restorative justice is a natural, proven form of justice that seeks to restore victims and offenders to whole, contributing members of society. It emphasizes preventing additional harm and repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders. From “Restorative Justice web site at http://www.restorativejustice.org”

Restorative justice is the right and proper thing to do. Read More >>

Background for Prosecuting

Congress and the new administration have failed to provide meaningful responses to numerous petitions and requests for investigations, hearings, impeachments, commissions and special prosecutors. They are unwilling and unlikely to do anything meaningful about prosecuting and/or impeaching officials even though it is their legal duty to bring charges against the perpetrators of crimes. The Department of Justice has been politicized and is dysfunctional. Most of their talk about special prosecutors, commissions and investigations appears to be posturing.

The fact that United States Attorney Patrick Fitzgerald had the sitting governor of Illinois, now former Governor Blagojevich, arrested and indicted shows that it is feasible to arrest and indict sitting legislators, senior government officials, presidents and judges.

Vincent Bugliosi’s book, "The Prosecution of George W. Bush for Murder" makes a legal case, establishing jurisdiction and probable cause, for any state attorney general, most local district attorneys, and U.S. Attorneys to charge former president George W. Bush and his co-conspirators with murder on behalf of U.S. service members who have died in Iraq or as a result of the war in Iraq. The fact that there is no statute of limitations on murder makes this a powerful tool. Bugliosi’s legal principles are applicable to many crimes other than murder. For example, a legislator who has appropriated funds for the Iraq war could and should be prosecuted for aiding and abetting in the murder of U.S. service members who have died in Iraq.

If the president, attorney general or other senior government official prohibits investigations and prosecuting of crimes for which there is probable cause, they will be guilty of obstruction of justice, misprision of a felony and failure to provide honest services. If they believe someone has committed a crime, it is their legal duty to require that the crime be investigated.

Other Resources

Some of the many outstanding individuals and organizations working on various aspects of prosecutions, are shown in the “Videos” and “Recommended Links” to the left.

• David Swanson has links to these sources and organizations and a myriad of tools to help with prosecutions on his web sites, Criminal Prosecution and Accountability. David is also the Chairman of the Justice Robert Jackson Steering Committee and the author of  "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union."  You can order his book and find out when David's tour will be in your town at http://davidswanson.org/book.

• An article titled How to Prosecute a President: frequently asked questions (FAQs) is available on Charlotte Dennett’s, former candidate for Attorney General of Vermont, web site: http://chardennett.org/.

• Dennett and Bugliosi put these FAQs together to assist those who want to encourage local district attorneys (DAs) to prosecute Bush for sending soldiers to Iraq under false pretenses. These FAQs describe the applicable law and other relevant information.

• Bob Alexander has vital information about Vincent Bugliosi’s book and links to important web sites on his web site, http://prosecutegeorgebush.com/span>. Bob led the efforts to mail a copy of Bugliosi’s book along with a personal letter from Vince Bugliosi to every DA in every jurisdiction in the U.S. where a U.S. service member has died. All 50 state attorney generals have also been provided copies of Bugliosi’s book. The next step in this process is to find DA’s, state attorneys, FBI agents and U.S. attorneys willing to do their job.

• Michael Haas, in his book George W. Bush, War Criminal? alleges that president G. W. Bush committed 269 war crimes. Haas provides detailed descriptions of these crimes, which can be found on his web site by clicking on the link “Types of War Crimes.”

• Michael Hutter in his article, Prosecuting Public Officials/Figures for Corruption: the Approach in the United States, stresses the importance of preserving public confidence in the democratic process. It concludes with the statement that “Federal prosecutors are given broad weapons to prosecute public corruption.”

No matter what the government does or doesn’t do, it is obvious that the people must stay strenuously involved.

Individuals need not be a lawyer or even a paralegal to help work on this.

Actions

1. Use an existing or establish an office in the Washington DC area to prepare documentation and coordinate accomplishment of these efforts.

2. Find attorneys, individual(s) and group(s) to work together physically or by email and:

          a. Prepare the documentation required for criminal prosecution as outlined in Preparing Documentation For Criminal Prosecution

          b. Continue or to begin representing detainees who have been abused, tortured and/or detained without warrants or probable cause.

          c. Contact the offices of local prosecutors, FBI and U. S. Attorneys. Obtain their mail, email addresses, phone and fax numbers. Establish a working relationship with them. The Sample Intro Letter to Potential Investigators and Prosecutors may be adapted to help with this.

3. Compile a prioritized list of subjects that should be prosecuted and lists of victims, victim’s attorneys, witnesses and criminal offenses. Develop a relational data base of all this information.

4. Request authors of germane books & articles to prepare chronology of events and affidavits in support of criminal complaints from portions of their articles and books.

5. Beginning with the highest priority subjects, discreetly prepare criminal complaints, affidavits in support of criminal complaints, applications for summons and forwarding letter as outlined in Procedures for Preparing Documentation For Criminal Prosecutions.

6. Subpoena selective and/or otherwise make available victims and witnesses of torture, abuse, maiming, illegal arrests or detentions, property seizures or damage and other crimes by U.S. and their agents. Those selected should include in particular those being held today in the prisons and programs outlined in footnote #2. Provide these witnesses and victims the opportunity to conference/meet with those who perpetrated crimes against them and to receive restitution and reasonable reparation from the U.S. Government.

7. Convert the requests for disbarment/disciplinary complaints filed with state bar licensing boards by attorney Kevin Zeese and the Velvet Revolution to criminal complaints and affidavits showing probable cause.

8. Call, fax, email and meet with these task force members and local district attorneys, state attorney generals, FBI agents, U. S. Attorneys and other federal, state and local investigators and prosecutors and/or their staffs. The Sample Letter of Introduction to Investigators and Prosecutors can be modified as appropriate.

9. Beginning in Washington DC, Fairfax County, Arlington and Alexandria Virginia:

          a. Exchange information with them about this web site, criminal justice procedures and documentation, jurisdiction, applicable laws, Bugliosi’s book and related topics.

          b. Request a task force of FBI agents and U.S. Attorneys be formed to investigate and prosecute civil and military public officials, legislators, members of the judiciary, corporation officials and others who have violated the law. Whether or not such a task force is formed, individual FBI agents, U.S. Attorneys and local and state prosecutors are paid to prosecute crimes that affect the people in their jurisdiction and must do their jobs.

10. Request facilities for restorative justice and reconciliation efforts for the victims and perpetrators of crimes.

11. Request those alleged to have committed serious crimes be investigated and arrested/summoned and confined. Using the documentation prepared under paragraph 5 above.

12. While proposed grand jury indictments are being prepared subjects should participate in individual reading/study group discussions with the victims of the crimes, be educated on the severity of their alleged crimes, see the errors in their ways and learn about the major elements of restorative justice. These major elements include taking steps to repair harm e.g. being contrite, apologizing to victims, paying restitution and providing assistance to victims. Attachment B provides general information about restorative justice.

13. Subjects should be encouraged, as appropriate, to apologize and pay restitution on their own instead of spending time and money on attorneys and before grand juries.

14. As lesson are learned in the Greater Washington DC area, correct the documentation and processes and find people from all over the country willing to contact state and local prosecutors.

15. Prepare criminal complaints under the UCMJ against specific senior military personnel.

16. Politely inform the FBI, U.S. Attorneys, DoJ officials, federal magistrates, judges, etc. that if enough information is provided to show that a felony has been committed, government officials having knowledge of this information who do not investigate it and do nothing about it will be:

          a. in violation of 18 US Code Section 4, Misprision of felony, which requires: “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”

          b. Failing to provide honest services

          c. Obstructing justice

17. If DoJ, the FBI, U.S. Attorneys and U.S. Courts refuse to act or act improperly on criminal complaints, injunctions, suits, etc. file applicable documents with the International Criminal Court.

18. Ask appropriate foreign governments whose citizens have been harmed by the actions of the U.S. to file similar complaints. Work with and support other nations. For example, support Judge Baltasar Garzon, a Spanish judge internationally known for trying to extradite former Chilean dictator Augusto Pinochet, is considering possible criminal action against six former Bush administration officials for the torture of Spanish citizens at the U.S. prison at Guantanamo Bay.

19. File wrongful death lawsuits against U.S. civil and military officials for service members killed in the Iraq and Afghanistan war and emotional distress lawsuits for service member suffering post traumatic stress disorders.

20. Continually refine this plan based on lessons learned.

PLEASE WORK TOGETHER AND STAY IN TOUCH

HOW TO VIEW OR DOWNLOAD PDF FILES.

To view any of these documents in Adobe Acrobat Reader, left click on any of the links next to one of the above items or paste the link into your browser. To download any document, right click on any of the links next to one of the above items and then click on "Save Target As".

Click here to Get Adobe Reader to download the free Adobe Acrobat Reader software.