The U.S. Supreme Court described the duty of a federal prosecutor in Berger v. United States, 295 U.S. 78, 88 (1935), as follows:
"The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor - indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."Note that where a government officer has a duty, he has no discretion in not performing that duty. The law places a duty upon the U.S. Attorney to not let a guilty party escape prosecution. Yet U.S. Attorney Scott Lassar refuses to prosecute Judge Thomas W. James for accepting a bribe. An inspection of the record of the case proves conclusively that Judge James accepted a bribe, yet no prosecution has taken place. Is U.S. Attorney Scott Lassar incompetent in his duty? We say, Yes. Is he in dereliction of duty? We say, Yes.
Why has he not prosecuted this act of bribery? Is U.S. Attorney Scott Lassar perhaps a party to the bribe, having accept a payoff from Judge James?
The U.S. Supreme Court has held that a judge who acts without jurisdiction
is engaged in an act of treason. U.S.
v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406
(1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5
L.Ed 257 (1821). Why does U.S. Attorney Scott Lassar not prosecute
judges, such as Judge Thomas W. James, for treason?
An inspection of the record of case no. 93-B-7643 evidences conclusively
that Judge Thomas W. James acted without jurisdiction, and therefore
engaged in an act of treason.
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Last updated March 9, 2001