FOLLOW US

Until the Senate and the House pass the EXACT SAME BILL and the bill is signed by the President or the bill is not signed and becomes law without signature because BOTH houses passed the bill, there is no law. Just because the House of Representatives voted to pass a law does not make it an enforceable law without passage from the Senate as well.

So all you had is a bill passed by the House in 1947 and a different one passed by the Senate in 1948 and then they have to get together and negotiate a combined or compromised law for passage of both houses before it can become law or the law dies. See Article I, Section 7 of the Constitution.

Title 18 also also includes 18 U.S.C. § 4081 and 18 U.S.C. § 4082, which authorizes the transfer of a federal criminal judgment from the U.S. District Court to the Department of Justice and then from the Department of Justice to the Bureau of Prisons. However, 18 USC 4081 and 4082 are not in the Statutes at Large, and do not exist as a matter of law. No transfer of a judgment is possible, rendering any imprisonment impossible.

Researchers looked at numerous memos from House and Senate Clerks, and they all confirmed that the bill that passed the House on May 12, 1947 was different from the one that passed the Senate in June 1948 and went to Truman’s desk. According to the argument in the complaint, P.L. 80-772 positively repealed the previous laws granting jurisdiction to district court judges, which means District Court Judges effectively have no jurisdiction to either classify defendants in the Bureau of Prisons or to hold them at all. In other words, based on their research, even if a judgment was considered valid, judges have no authority to send anyone to prison.

The recent complaint makes the claim that Judge Wolfson’s acceptance of indictments and the issuance of orders in Moleski’s case are legally void and thus constitute obstruction of justice because 18 U.S.C. § 3231 was never legally passed by Congress and neither 18 U.S.C. § 4081 nor 18 U.S.C. § 4082 are valid sections of the statutes at large. In addition, they claim the denial of the Motion to Dismiss on Sept. 13, 2014 filed by Moleski in Moleski’s’s case is obstruction of justice because both the House and the Senate failed to properly pass the same version of P.L. 80-772. Wolfson is presumed to know that.

This is not entirely a new argument. As early as 2008, the Bureau of Prisons received a large volume of Requests for Administrative Relief because of the claim that no law currently exists that grants jurisdiction to District Court Judges to transfer those convicted of a crime to prison. In 2008 Harley Lappin, then head of the Bureau of Prisons asked the number 2 person in the Department of Justice to investigate the claims. The Department of Justice advised him that the 18 U.S.C. § 3231 is unconstitutional.