LETTER TO THE PRESIDENT OF THE UNITED STATES OF JOSEPH R. BIDEN
Mr. President,
You were part of the United States Senate in 1993, when Newt Gingrich, Leader of the House of Representatives, and President Bill Clinton cut deals; and a particular bill was enacted called: "The Violent Crime Control Law Enforcement Act" or (VCCEA), codified also as 42 U.S.C.§ 13701(e), I believe? And you probably voted for this bill. This bill made available to states money for construction and improvement of correction facilities. This bill further required the states to demonstrate that they have since 1993 and beyond increased the percentage of persons arrested for certain crimes, sentenced to prison; or increased prison time served by the prisoners for certain crimes by 85%, in order to get that money. PLEASE SIR TRY TO FIX THAT MISTAKE!
Mr. President, this bill allows all the systemic racial injustices in the State Judicial System to flourish; this bill also paved the way for other bills like it, designed to do exactly what it is now doing, which is (To Keep Certain Prisoners Incarcerated), one can see which groups are kept incarcerated. This bill also, is the source of the "TRUTH-IN-SENTENCING" law in Wisconsin, a law that certain racist republican judges use to punish blacks, browns, and other groups they do not like. Today, the Wisconsin Republican Legislature refuses to loosen that law; although every other states who took advantage of the VCCLEA, to enact Truth-In-Sentencing; they have found that Truth-In-Sentencing is the reason for the over-crowding of their prisons. And they repealed that law; or repealed certain aspects of the law to release people who were sentenced under the "TRUTH-IN-SENTENCING", and are serving lengthy sentences. But Wisconsin will not for any reason repeal that law!
However, Mr. President, there is yet another law, when you were in the U.S. Senate, that is keeping us incarcerated; I hope you did not vote for it. This law is the "Anti-Terrorist And Death Penalty Act" or the AEDPA, which was codified as to amend, and modify Title 28 U.S.C. XX 2241-2255, this law which came from a cluster of laws required by the Republicans and Speaker Gingrich, in 1994, in order to make a deal with Bill Clinton and the Democrats. PLEASE SIR FIX THAT MISTAKE TOO! THE FEDERAL GOVERNMENT MADE THAT LAW. THE FEDERAL GOVERNMENT SHOULD FIX IT TOO!
This law (The AEDPA), watered-down the original State Habeas-Corpus, with which the federal judges used to use to remedy the wrongs done by the State courts. No longer does the remedy available is adequate. Because, the law ties the hands of the federal judges, who used to get to heart of the real matter by requesting all the state transcripts, as a vital too that enable them to discover errors made by state judges, who are employees of the State, don't usually care and allow those systemic injustices to take root, and flourish. The AEDPA also orders the federal judges to "ONLY FIND SPECIFIC ERRORS"; in contrast, to the old State Habeus-Corpus, which gave the federal judges full judicial powers over the State criminal case. As an example in my criminal case, a federal judge (Honorable Barbara Crabb) wrote: "...Unfortunately, for Petitioner I cannot find out if he is innocent or guilty...The law only allows me to..."! That statement was made 16 years ago.
And I have suffered immigration consequences for this crime. Any curious layperson would like to know like this judge, if I am innocent or guilty! However, that law restricted the federal judge (Barbara Crabb) from finding my innocence. Would not any curious person want to know why a federal judge make that statement? I know why a brilliant jurist like honorable Barbara Crabb wrote that statement. She knew something in my case is "NOT KOSHER", and all my request to the Wisconsin state courts were futile. I have been incarcerated for 21 years now! Barbara Crabb cannot remedy the wrongs done to me, or fix my criminal case.
The AEDPA also amended the federal Habeas Corpus Title 28 U.S.C.§ 2241-2265 to limit all state criminal appeals to the United States District Courts to one year, meaning that a petitioner (prisoner) has one year, from final conviction in the state court to Marshall all his constitutional issues or errors, present them in the state court, before presenting them to the federal courts. This request by that law is a high bar for the state prisoner, with the average of 7th to 10th grade education. This request sound more appropriate for a graduate law student. This law is so unfair, of course it was really written by a Justice Rehnquist, a Republican, to the Republican Congress; no wonder that the Republicans asked for it in exchange for other bills that Bill Clinton, and the Democrats wanted. They knew that it would definitely kneecap the black, browns and other minorities. And for 25 years, it did that.
Seeing all these things that happened in the year 2020 against minorities; there are Senators currently in the U.S. Senate who may have voted for this bill; and other bills, including this next bill: the PLRA, or Prison Litigation Reform Act, again another stroke of the pen of Justice Rehnquist. This law causes Federal Chief Judges to raise the filing fees from $120 to $500, for civil litigation against the states. This law hinders the prisoner who has a legitimate claim; and allow room for the systemic racial Injustice that many prisoners suffer.
Mr. President, we (black, brown, yellow, red, and others) watched as the 2020 election unfolded, and saw how the blacks in North-Carolina changed the dynamic of the election, and saw the rest of the minorities carried you to victory. But many of those who voted for you, still have their offspring, and siblings incarcerated. And they could have been released already, except that these laws are keeping them in prison. And the state prisons are overcrowded.
I heard that you've put Vice President Kamala Harris in charge of a "Justice Initiative Task", did you discuss the repealing of these laws with her? She is an ex-district attorney, and California's former Attorney General, she is familiar with these tactics, that state attorneys used to keep us locked-up. She may have used some of them herself!
We, black prisoners think that "BLACK LIVES MATTERS" haven't spoken for us yet. And if they asked us what we request we would want, I am pretty sure, that it would be to repeal the AEDPA, specifically changes that would help us are in the Title 28 § U.S.C. 2244, 225a (State Criminal Habeas Corpus). And to allow the federal judges to regain the original powers that they had in the State Habeas-Corpus. Allow the federal judges like Barbara Crabb to apply the full force of the United States Constitution!
Mr. President, we prisoners of different ethnic background, and different situations in our criminal cases, would like to ask you to have this law passed to revisit the Habeas Corpus to allow real fairness in the criminal justice system. Any other Criminal Justice Initiative will not have any significance for us state prisoners.
Mr. President, this current U.S. Senate can achieve this task!
ANYONE WHO READS THIS LETTER ON THE INTERNET PLEASE TRANSCRIBE IT AND SHARE IT WITH SOMEBODY ELSE! CAN ANYONE PUT TWITTER LINK TO THIS LETTER PLEASE?
Childeric Maxy#332930, RGCI, P.O. BOX 925, Redgranite WI, 54970-0925
2024 aug 22
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Replies (3)
Mr. President, this bill allows all the systemic racial injustices in the State Judicial System to flourish; this bill also paved the way for other Certain Prisoners Incarcerated), one can see which groups are kept incarcerated. This bill also, is the source of the "TRUTH-IN-SENTENCE," law in Wisconisn, a law that certain racist republican judges use to punish blacks, browns, and other groups they do not like. Today, the Wisconsin Republican Legislature refuses to loosen that law; although every other states who took advantage of the language of the VCCLEA, to enact Truth-In-Sentencing; they have found that Truth-In-Sentencing is the reason for the over-crowding of their prisons. And they repealed that law; or repealed certain aspects of the law to release people who were sentenced under the "TRUTH-IN-SENTENCE," and are serving lengthy sentences. But Wisconsin will not for any reason repeal that law!
However, Mr. President, there is yet another law, when you were in the U.S. Senate, that is keeping us incarcerated; I hope you did not vote for it. This law is the "Anti-Terrorist And Death Penalty Act" or the AEDPA, which was codified as to amend, and modify Title 28 U.S.C. XX 2241-2255, this law which came from a cluster of laws required by the Republicans and Speaker Gingrich, in 1994, in order to make a deal with Bill Clinton and the Democrats. PLEASE SIR FIX THAT MISTAKE TOO! THE FEDERAL GOVERNMENT MADE THAT LAW. THE FEDERAL GOVERNMENT SHOULD FIX IT TOO!
This law (The AEDPA), watered-down the original State Habeas-Corpus, with which the federal judges used to use to remedy the wrongs done by the State courts. No longer does the remedy available is adequate. Because, the law ties the hands of the federal judges, who used to get to heart of the real matter by requesting all the state transcripts, as a vital too that enable them to discover errors made by state judges, who are employees of the State, don't usually care and allow those systemic injustices to take root, and flourish. The AEDPA also orders the federal judges to "ONLY FIND SPECIFIC ERRORS"; in contrast, to the old State Habeus-Corpus, which gave the federal judges full judicial powers over the State criminal case. As an example in my crimi
My best to you, Mr. Maxy.