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 Two young men from Iowa seen as disposable by those who were sworn to uphold the law, guard the citizens of their state, the ideals of our nation's Constitution and the consciousness of humanity have arguably abdicated their role as prosecutors. These two young men of questionable past were falsely accused and with malice, premeditation, contempt and a blatant disregard for humanity, FRAMED.
A combined total of 50 HUMAN years is the price for arrogance, not for the law, but by those sworn to uphold the law. These men once young, have been denied and robbed of half their lives. They and their families have been irrevocably damaged and justice appears to be turning a deaf ear, callused hand and blind eye to their plight.
Those involved in framing and stealing the lives of these men are seeking permission to operate beyond the scope and rule of civil law by changing the very law that should govern them.
Although, their innocence has been proven to the extent that one has been released with time served and the other completely exonerated, the prosecutors still maintain their guilt.
The men are seeking to sue the prosecutor for participating in the fabrication of evidence that lead to their indictment and ultimate conviction. The question before the US Supreme Court is: Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly (1) violated a criminal defendant's "substantive due process" rights by procuring false testimony during the criminal investigation, and then (2) introduced that same testimony against the criminal defendant at trial.
According to the Obama administration, the answer is NO.
Deputy Solicitor General Neal Katyal argues in a friend of the court brief that local, state, and federal prosecutors must enjoy absolute complete immunity from citizen lawsuits; even when they send innocent men to prison for life by fabricating incriminating evidence and hiding exculpatory evidence.
Previous court decisions have found that a prosecutor’s fabrication of testimony cannot violate the Constitution until the perjury is presented at trial and is instrumental in securing a conviction.
In this case a number of the current justices are concerned that potentially redefining the rule of absolute prosecutorial immunity could result in an "Chilling Effect" on a prosecutors willingness to perform their critical duties. I am not a legal expert or one of the tremendous legal minds of our age. I am an average citizen, who thought common sense had a place in the rule of law, but I have found that is not so. Is anyone on the court considering the Chilling Effect of 25 years ripped from the very fabric of ones life? The Chilling Effect on a mother or father who has had to endure 25 years of separation from a child, trusting they were innocent and not knowing if they were guilty. What about the Chilling Effect on humanity when we can sacrifice the idea of fairness for the comfort of contrived and controlled rules of law?
The prosecutor has a greater protection than the men and women of the armed forces who are sworn to protect our country. They do not have absolute immunity in war. The police, who serve on the front lines of the criminal justice system, risking their lives on a daily basis do not enjoy the level of immunity that a prosecutor basks in.
This concept of absolute prosecutorial immunity reeks of absolute power. In the words of Lord Acton, "Power tends to corrupt, and absolute power corrupts absolutely." Men do not always do right for right sake but because of the possibility of penalty, hence the coercive ingredient of the law. The legal profession is an entity that defines it own rules. Most entities are not implosive but aggressively and self-righteously defensive of their own positions and people.
The Supreme Court may very well, in their omniscient manner, grant absolute prosecutorial immunity. This will, in my limited opinion, create the most Powerful Office in the Land. The Court may create one that walks the halls of HUMANITY with IMPUNITY.
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