Can Federal Judges Legally Sentence Convicted Criminals to Prison? 

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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 According to the argument in the complaint, P.L. 80-772 positively repealed the previous laws granting jurisdiction to district court judges, which means District Court Judges effectively have no jurisdiction to either classify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.