The penalty for violating a person’s rights is a minimum of one year in federal prison and up to life in prison depending upon the severity of the offense.
The enforcement of this statute (SEC. 242) is THE MISSING LINK, THE MISSING COMPONENT of the justice we all seek. Congresspersons intentionally refrain from discussing SEC. 242, much less using SEC. 242 in a investigation/prosecution. Why? Because SEC. 242 categorically applies to all elected and unelected officials. Hopefully one day Americans will realize there is something we can do about state legislators drafting and passing bills which are so unconstitutional the act of the author is literally a federal crime – a CRIMINAL CONSTITUTIONAL LAW VIOLATION.
How come you don’t hear talking heads on MSNBC or CNN or anywhere else for that matter discussing this very law and pertinent issues? To protect the guilty, that’s why.
Journalists claim to seek to divulge the truth to the public. The truth is, federal prosecutors should be charging state legislators for authoring and passing state laws which categorically violate a state resident’s U.S. Constitutional rights.
It is a CRIMINAL constitutional rights violation for a legislator to pass a bill which penalizes a state resident for exercising one of their U.S. Constitutional rights. The U.S. Attorney should present such unconstitutional state bills/laws to a federal grand jury for indictment processing.
In Texas and Georgia, state legislators criminalized a woman exercising her constitutional right to an abortion mandating the Death Penalty for any such state law violation.
Clearly those legislators are GUILTY of violating U.S.C. TITLE 18, SEC. 242 AND 241 in the drafting, passing and codifying of a state law which literally criminalizes a person’s exercise of a U.S. Constitutional right.
“Under Color of Law” means any person whose employment requires them to operate and follow a set of laws, rules, regulations, guidlines, etc.
Examples of persons acting under color of law include: police officers, elected officials, unelected officials, judges, clerks of court, nursing home administrators, physicians, nurses, even librarians.
In Montana and South Carolina, state officials decided to unlawfully CUT OFF AND DENY federal relief to their residents who are entitled to relief under the American Rescue Plan.
State officials do not have the right to deny residents federal relief, period.
Their residents are categorically entitled to relief under Joe Biden’s American Rescue Plan and are suffering a 14th Amendment violation at the hands of state officials.
Federal benefits apply to any person in the U.S. and for state officials to deny access to those federal benefits violates the Equal application/protection clause of the U.S. Const. 14th Amendment. You can’t deny federal benefits in a few states but allow those same benefits in the rest of the states.
Montana and South Carolina state officials have been sued by their constituents as a result of state-sanctioned crime against the people, i.e., denying residents access to a federal program.
The American Rescue Plan is a federally-protected program under Title 18, U.S.C., Section 245 – Federally Protected Activities. Montana and S. Carolina state officials are guilty of WILLFULLY DEPRIVING residents of accessing a federal program. Drafting, lobbying and voting for a bill the authors knew would deny their constituents access to the American Rescue Plan is as premeditated and willfull as one can get.
Hopefully, S. Carolina Plaintiffs will ask the U.S. District judge, Did Defendant state officials violate my constitutional rights in denying me access to federal programs? The answer is YES, state officials did violate Plaintiffs’ 14th Amendment right to equal application of the law.
Plaintiff attorneys should ask the court another legal question: “Did Defendant state officials violate U.S.C. TITLE 18, SEC. 242 in denying Plaintiffs’ statutory and constitutional rights to access federal programs?” The answer is YES THEY DID VIOLATE U.S.C. TITLE 18, SEC. 242 Deprivation of Rights Under Color of Law.
Recently George Floyd’s killer cops were indicted under U.S.C. TITLE 18, SEC. 242 DEPRIVATION OF RIGHTS. Unfortunately, media pundits and TV talking heads get this area all wrong yet they issue invalid opinions such as, “Well they couldn’t prosecute him in federal court until they finished prosecuting him in state court.” I hear this false notion repeatedly. There is absolutely nothing preventing a federal prosecutor from indicting anyone that prosecutor believes has violated federal law, period. A federal prosecutor need not wait on any state or local legal action to occur before taking federal action against a violator of federal law.
The problem is most Americans haven’t even heard of U.S.C. TITLE 18, SEC. 242 much less realize We The People have the right to criminally prosecute elected officials for violating our U.S. civil/constitutional rights. The Establishment says they don’t use SEC. 242 99% of the time because the statute requires proving the violator acted willfully in violating a person’s constitutional rights. This is a pitiful excuse since a jury will decide whether or not The Accused acted willfully in violating their victim’s constitutional rights. It is a red herring for anyone to claim prosecution under SEC. 242 cannot occur due to the difficulty of proving willfulness. Judges and juries determine willfulness each and every day in America.
Institutionalized self-preservation looks like this >>> Congress and the Establishment simply have maintained an environment of non-prosecution under SEC. 242 THEIR ENTIRE CAREERS.