USA

Saturday, March 2, 2024

Source of Division in the USA - The Double Standard of the FBI/Justice Department

FBI Web Page




Constitution of the United States


First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


Thirteenth Amendment

Section 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2

Congress shall have power to enforce this article by appropriate legislation.


Fourteenth Amendment

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 4

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

United States Code


18 USC 1111Murder

(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

(c) For purposes of this section-

(1) the term "assault" has the same meaning as given that term in section 113;

(2) the term "child" means a person who has not attained the age of 18 years and is-

(A) under the perpetrator's care or control; or

(B) at least six years younger than the perpetrator;


(3) the term "child abuse" means intentionally or knowingly causing death or serious bodily injury to a child;

(4) the term "pattern or practice of assault or torture" means assault or torture engaged in on at least two occasions;

(5) the term "serious bodily injury" has the meaning set forth in section 1365; and

(6) the term "torture" means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1).


18 USC 1113: Attempt to commit murder or manslaughter 

Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

18 USC 1117: Conspiracy to murder

If two or more persons conspire to violate section 1111, 1114, 1116, or 1119 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.

18 USC 1513: Retaliating against a witness, victim, or an informant


(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for-

(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,


shall be punished as provided in paragraph (2).

(2) The punishment for an offense under this subsection is-

(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and

(B) in the case of an attempt, imprisonment for not more than 30 years.


(b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for-

(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;


or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an offense under this section.

(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

(f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

(g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.


18 USC 2383: Rebellion or insurrection


Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

18 USC 2384: Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

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ChatGPT 4


YOU

Is it correct to say that the knowledge you have been trained on is derived from legal experts?


ChatGPT

Yes, that's correct. My legal knowledge is derived from a vast amount of data, which includes legal texts, court decisions, statutes, legal commentary, scholarly articles, and other authoritative sources. Many of these sources are produced by or based on the work of legal experts.



YOU

Can civil rights be violated due to an FBI investigation?


ChatGPT
Yes, civil rights can potentially be violated during an FBI investigation, although this is not the norm or the intention of lawful investigations. The FBI, like any law enforcement agency, is required to conduct its operations within the framework of the law, respecting individual rights and freedoms. However, violations can occur in certain circumstances:

  • Excessive Force: If FBI agents use excessive force during an investigation or arrest, it can constitute a violation of civil rights, particularly the right to be free from unreasonable search and seizure under the Fourth Amendment.

  • Unlawful Surveillance or Searches: Conducting surveillance or searches without proper legal authority (such as a warrant) can infringe upon an individual's Fourth Amendment rights.

  • Violations of Due Process: Under the Fifth and Fourteenth Amendments, individuals are entitled to due process. Any investigative actions that undermine this right, such as detaining someone without proper legal procedures, can be a violation.

  • Discriminatory Practices: Investigations that target individuals based on race, ethnicity, religion, gender, or other protected characteristics can violate civil rights laws, including those prohibiting discrimination.

  • Privacy Violations: Investigations that unlawfully infringe on an individual's right to privacy can constitute civil rights violations. This includes unauthorized access to personal records or communications.

  • Freedom of Speech and Assembly: Impeding or retaliating against the exercise of First Amendment rights, such as freedom of speech or peaceful assembly, during an investigation can also be a violation.

  • Coercion and Intimidation: Using coercion, intimidation, or threats during interrogations or investigations can violate civil rights.

It's important to note that while these scenarios are potential risks, they are not indicative of standard FBI practice. The FBI operates under strict guidelines and oversight to ensure that investigations comply with the law and respect civil liberties. When violations do occur, they can be subject to internal investigations, legal action, and oversight by various entities, including the Department of Justice, courts, and Congress.

Victims of civil rights violations during FBI investigations have legal recourses, including filing complaints with the Department of Justice, seeking legal remedies through the courts, and potentially pursuing civil lawsuits against the agency or individual agents.


YOU

What federal statutes apply to depraved heart murder?


ChatGPT

"Depraved heart murder," also known as "depraved-indifference murder," is a legal term primarily used in state criminal law to describe a killing that results from a perpetrator's reckless disregard for human life, demonstrating a "depraved indifference" to the consequences of their actions. This concept helps differentiate between various degrees of murder and manslaughter. Because this term and its specific legal applications are more common in state jurisdictions, the definition and the criteria for proving it can vary significantly from one state to another.

At the federal level, the United States Code (U.S.C.) does not explicitly define "depraved heart murder" within its statutes. However, federal law does address murder and manslaughter, including killings resulting from reckless or wantonly dangerous conduct, under Title 18 of the U.S. Code, particularly in:

  • 18 U.S.C. § 1111 - Murder: This statute defines murder and differentiates between first-degree murder and second-degree murder. While it doesn't use the term "depraved heart" explicitly, second-degree murder can encompass killings that result from extreme recklessness or disregard for human life, which is similar to the concept of depraved heart murder. First-degree murder includes premeditated killings and killings committed in certain other circumstances specified in the statute.

  • 18 U.S.C. § 1112 - Manslaughter: Manslaughter is defined as the unlawful killing of a human being without malice. It's divided into voluntary and involuntary manslaughter, with involuntary manslaughter including killings from a culpable negligence standpoint, which might sometimes touch on the broader principles underlying "depraved heart" actions, albeit typically with a different legal standard and lesser penalties compared to murder.

Federal prosecutions for acts that might be considered depraved heart murder at the state level could, therefore, fall under the broader definitions of murder or manslaughter, depending on the circumstances of the case and the specific actions and intent of the defendant.

Because federal criminal law doesn't directly categorize crimes in the same way as state law on this matter, and because the circumstances under which the federal government has jurisdiction over murder cases are limited (typically requiring a special federal interest, such as crimes occurring on federal property, involving federal officers, or crossing state lines), cases that might be prosecuted under a theory of depraved heart murder in state courts are less directly labeled or categorized at the federal level.

YOU

Can actions intended to have a negative impact on an individual's mental, physical, spiritual, emotional, and psychological health be considered extreme recklessness or disregard for human life?

ChatGPT

Yes, actions intended to have a negative impact on an individual's mental, physical, spiritual, emotional, and psychological health can be considered under the umbrella of extreme recklessness or disregard for human life, especially when such actions pose a significant risk of causing serious harm or distress to the individual. The recognition of these behaviors under legal standards varies by jurisdiction and the specific context of the actions.

In the legal realm, actions that intentionally harm an individual's well-being in these ways might be addressed under various statutes, depending on the nature and consequences of the behavior:

  1. Assault and Battery: In some cases, actions that cause psychological or emotional harm could be considered assault, particularly if there's an apprehension of physical harm. Battery might be applicable if there's unwanted physical contact, even if the contact itself doesn't cause physical injury but leads to psychological or emotional distress.
  2. Intentional Infliction of Emotional Distress: This is a tort that allows for civil action against someone who intentionally or recklessly causes severe emotional distress through their conduct. The conduct must be considered extreme and outrageous beyond the bounds of decency.
  3. Harassment and Stalking: Laws against harassment and stalking can sometimes cover actions intended to harm someone's emotional or psychological well-being, especially if such actions put the individual in fear for their safety or the safety of others.
  4. Domestic Violence: This category can encompass a range of behaviors that negatively affect a partner's mental, physical, emotional, and psychological health, including coercive control and psychological abuse.
  5. Child Abuse: Similar statutes protect minors from actions that harm their physical, emotional, and psychological development, recognizing the duty of care owed to children.
The challenge in these cases often lies in proving the intent behind the actions and the direct link between the actions and the harm caused. Additionally, the legal system has evolved to recognize the importance of mental and emotional well-being, but the applicability of laws related to recklessness or disregard for life to non-physical harm depends heavily on specific legal definitions and precedents within each jurisdiction.

It's also worth noting that the threshold for what constitutes extreme and outrageous conduct capable of being actionable varies widely, and not all harmful behaviors may meet the necessary legal criteria for a successful claim or prosecution.


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INVESTIGATE THE INVESTIGATORS

SUBMIT A TIP


TIP Submitted To Birmingham Office 03/23/24


Request documentation of all parties subject to:

18 USC 1510: Obstruction of Criminal Investigation


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YOU

Explain the details and the conclusion of the Larry Nassar case. When using legal terminology, provide an explanation for the meaning of the legal term.

ChatGPT

Larry Nassar, a former USA Gymnastics national team doctor and osteopathic physician at Michigan State University (MSU), became the center of one of the largest sexual abuse scandals in sports history. Over decades, Nassar abused hundreds of young female athletes under the guise of medical treatment.

Details of the Case

  • Accusations and Charges: Nassar was accused of sexually abusing over 250 young athletes, including numerous Olympic gymnasts, during medical sessions. The accusations included molestation and sexual assault, often under the pretext of providing medical care.
  • Legal Proceedings: Nassar faced multiple legal actions, including criminal charges and civil lawsuits. The criminal charges mainly focused on sexual assault and possession of child pornography. In legal terms, sexual assault refers to unwanted sexual contact or behavior without the consent of the recipient. Child pornography charges pertain to the creation, possession, or distribution of explicit images of minors.
  • Guilty Pleas and Sentencing:
    • In July 2017, Nassar pleaded guilty to federal charges of receiving and possessing child pornography, and he was later sentenced to 60 years in prison.
    • In November 2017, he pleaded guilty to seven counts of first-degree criminal sexual conduct in Ingham County, Michigan. First-degree criminal sexual conduct involves sexual penetration and is considered a severe form of sexual assault under Michigan law. Nassar was sentenced to 40 to 175 years in prison in January 2018.
    • He also pleaded guilty to three counts of criminal sexual conduct in Eaton County, Michigan, receiving an additional sentence of 40 to 125 years in February 2018.

Conclusion of the Case

The conclusion of the legal proceedings against Nassar marked a significant moment in the fight against sexual abuse in sports. His conviction and the extensive prison sentences handed down were seen as a victory for the survivors of his abuse. The case also highlighted the failures of institutions like USA Gymnastics and Michigan State University to protect athletes and prompted widespread calls for reform and accountability.

Broader Impact

Institutional Reforms: The scandal led to intense scrutiny of sexual abuse policies within sports organizations and educational institutions, prompting many to strengthen their abuse prevention and reporting protocols.

Legislation: The case spurred legislative efforts at both the state and federal levels aimed at protecting athletes and enhancing the reporting and handling of sexual abuse allegations.

Survivor Advocacy: The courage of Nassar's victims in coming forward and speaking out has been credited with empowering other survivors of sexual abuse to share their stories and seek justice.

The Larry Nassar case serves as a stark reminder of the importance of vigilance, accountability, and the need to prioritize the safety and well-being of athletes and young people in sports and educational settings.


YOU

Explain the details and the conclusion of the Larry Nassar case. Include the details of the FBI involvement, and the details and outcome of the subsequent lawsuit against the FBI. When using legal terminology, provide an explanation of the meaning of the legal term.

ChatGPT

The Larry Nassar case, involving his systemic sexual abuse of young female athletes, gained further complexity and public outrage due to the Federal Bureau of Investigation's (FBI) handling of the allegations against Nassar. Here's a more detailed look into the FBI's involvement and the subsequent lawsuit against the agency.

FBI Involvement

  • Initial Reports: USA Gymnastics first reported allegations against Nassar to the FBI in July 2015, detailing abuse under the guise of medical treatment. However, the FBI's response was criticized for its lack of urgency and effectiveness. There was a significant delay in the investigation, during which Nassar continued his abuse.
  • 2016 Indianapolis Star Investigation: The public became widely aware of the allegations against Nassar following an investigation by the Indianapolis Star published in September 2016. This report brought to light the extent of Nassar's abuse and the failures in the system designed to protect athletes.
  • Critcism of the FBI's Conduct: The FBI faced criticism for not taking immediate action after the initial reports. The delay in investigating Nassar allowed him to continue his predatory behavior unchecked for over a year after the FBI was first notified.

Lawsuit Against the FBI

  • Reasons for the Lawsuit: Survivors of Nassar's abuse filed a lawsuit against the FBI, alleging that the agency's negligence in investigating the initial reports contributed to the continuation of Nassar's abuse. The lawsuit accused the FBI of failing to act on the information provided by USA Gymnastics in a timely and effective manner.
  • Settlement: In a significant development, it was reported in 2022 that the U.S. Department of Justice reached a $1.25 million settlement with each of the survivors who were part of the lawsuit against the FBI. This settlement was an acknowledgment of the FBI's failure to adequately respond to the early warnings about Nassar's conduct.

Legal Terminology Explained

  • Negligence: In legal terms, negligence refers to a failure to take reasonable care to avoid causing injury or loss to another person. In the context of the lawsuit against the FBI, the survivors' legal teams argued that the FBI's inaction and mishandling of the Nassar investigation constituted negligence, as it failed to prevent further abuse.
  • Settlement: A settlement is a legal agreement to resolve a dispute between parties without a court judgment. The $1.25 million per survivor settlement in the lawsuit against the FBI was reached outside of court and was intended to compensate the survivors for the FBI's failures.

Conclusion and Broader Impact

The Larry Nassar case not only highlighted the grievous misconduct of Nassar himself but also the systemic failures of institutions, including the FBI, to protect vulnerable individuals. The criticism of the FBI and the subsequent lawsuit underscored the importance of accountability and diligent investigation in cases of sexual abuse. The settlement with the survivors served as a formal acknowledgment of the FBI's shortcomings in handling the case and the trauma inflicted on Nassar's victims due to these failures. The case has had lasting implications for how sexual abuse allegations are handled within sports organizations and by law enforcement agencies, pushing for reforms to ensure more effective protection and justice for survivors.

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Dereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry Nassar Investigation

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