by Mary W Maxwell, LLB
There is a lot happening, thanks to Jeffrey Epstein. As for the legal remedies available, don’t limit your thinking to the words flowing from the DoJ or its leader Attorney General William Barr. (In 1992, William Safire referred to him as “Cover-up General Barr”). Let’s glance at extradition, the law of slavery, and some creative mechanisms that are readily available.
How To Extradite
Within the US, if one state — say, Idaho — has charged a person with a crime but he is living in Maine, there is no need for Idaho authorities to have a treaty with Maine. The US Constitution, Article IV, mandates that the request from one state be honored by all others:
“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”
Internationally, extradition depends on treaties. There are some multilateral treaties – such as those concerning the extradition of hijackers – but mostly the matter requires that a country have a bilateral treaty with another. Does the US have an extradition treaty with Mother England? Yes.
But then, as you may recall, Spain had an extradition arrangement with UK, yet it did not guarantee the handing over of Augusto Pinochet at Spain’s request. The Home Secretary, Jack Straw, reached a decision, in 1997, that Pinochet was too old or unwell to face trial for murders that dated back to Pinochet’s 1973 coup in Chile.
Note: Henry Kissinger was behind that 1973 coup, and so Spain could, I believe, ask the US to extradite him for his part in conspiring to murder. (They say Kissinger is now senile. I don’t know if it’s true, but he appeared to be “not with it” at the funeral of George H W Bush.)
What about Prince Andrew?
The phrase “extraditing the prince” surely goes against the grain of an Australian, since Queen Elizabeth is the monarch of Australia and traditionally “the king can do no wrong.” It seems blasphemous to talk about such things – “We ought to respect those above us.” However, the picture is changing.
In the last two days, Prince Andrew has revised his statement yet again about his connections to Epstein. After broadcast of the picture of him waving from behind a door of Epstein’s house in 2010, the prince says he did not see or suspect any of the [kid stuff] — but says his relationship with the convicted sex offender Epstein was “a mistake.”
The treaty that currently guides us, regarding the extradition of anyone from the UK to the US, is a 2003 treaty. The main requirements are that the crime with which the person be charged in the US be likewise a crime in the UK (the duality of criminality doctrine), and that the requesting country furnish sufficient evidence or information so that the sending country can see if there is a case.
Furthermore, under UK law, the person cannot be sent to a place where the treatment of the person, if convicted, will be inhumane. This caused a lengthy delay in London’s response to Washington’s request to hand over Abu Hamza al-Masri, who is now in Supermax federal prison in Colorado.
Would Prince Andrew, Duke of York, be exempt from extradition even if the US or any country other than the UK could show that there was a good case against him? Under the doctrine of duality of criminality an extradition request could fail insofar as the law in England makes it impossible to charge the monarch with a crime. But whether this extends to the monarch’s family, I do not know.
Slavery
Pedophilia is much discussed now, and there are criminal sanctions for various deeds involved in sexually molesting a child. But it is seldom expressed as a crime of slavery.
Anyone who has studied MK-Ultra knows that many persons in America engage in sexual abuse of a child for motives that have to do with control, rather than to satisfy the perpetrator’s lust.
First, there was the mind-control experimentation whereby the child’s mind is altered by what is done to it physically. It seems that all sorts of things were done to people in the 1950s: torturing them, raping them, caging them, giving them LSD, raising them in cults. The aim was to discover how much control could be achieved.
Second, children get used in blackmail. Men are invited to have sex with a minor and they are filmed for blackmail purposes; the threat of publicizing the deed keeps many government personnel from acting against the powerful. Third, kids are photographed or films for financial gain in the pornography industry.
Those last two examples involve coercion of the child. I assume a girl (or boy) does not want to be photographed naked, and does not want to be raped. They are effectively enslaved. So let’s talk about charging persons with crimes of enslaving.
In the US the Constitution, the 13th Amendment states: “Neither slavery nor involuntary servitude…shall exist within the United States… “ Some states, for instance Illinois, have incorporated that exact wording into their constitutions. All states have legislated to this effect.
Congress legislated the relevant federal law against “slavery, peonage, and trafficking of persons” at 18 USC 1581-1597. Look at the wide range of crimes:
- 1581. Peonage; obstructing enforcement
- 1582. Vessels for slave trade
- 1583. Enticement into slavery
- 1584. Sale into involuntary servitude
- 1585. Seizure, detention, transportation or sale of slaves
- 1588. Transportation of slaves from United States
- 1589. Forced labor
- 1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
Consider that last one — 18 USC 1590:
(a) Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be fined under this title or imprisoned not more than 20 years, or both.
If death results … or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse… or an attempt to kill, the defendant shall be fined … or imprisoned for any term of years or life, or both.
(b)Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties under subsection (a). [Holy smoke!]
Enslavement Can Also Be a Tort
Per 18 USC 1595, you can bring a civil action:
(a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.
(b). (1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
Injunctions
Amazingly, slavery is also something for which the US Attorney General is invited to seek an injunction!
(a) Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter… or a conspiracy under section 371 to commit a violation of this chapter the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act.
… (1). A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure
Hosti Humani Generis
Historically, there is the right of people to go after a party that is so bad it can be called “the enemy of mankind.” This used to be accepted part of law. Cicero called it hosti humani generis.
An example of how this law was applied in admiralty courts is that slavers (persons running a slave trade) after the international law forbade the slave trade, could be arrested without regard to national jurisdiction. The slaver would get no protection from his own nation if another nation felt like grabbing him on the high seas.
The gist of it is that anyone who does such terrible things is fair game. (Hmm. What of someone who knocks down skyscrapers killing 3,000 people?)
A Word about Ghislaine Maxwell
I have said before that I feel sorry for Ghislaine Maxwell. (And Nicole Kidman, if you must know.) I have met Ghislaine’s illegitimate half-sister, a lovely American thoroughly brutalized by MK-Ultra. Methinks Ghislaine, and her 8 full-siblings, got the same treatment.
Go find Ghislaine Maxwell and do a prosecution if you wish, but I suggest some other approaches.
For one thing, she could be put under the Witness Protection Program. God knows she is the most valuable witness in the world at the moment.
It is obvious that Epstein should have been protected as a high-value witness. Otherwise, in the next few months we may see the “suicide” of Ghislaine. I want to know who pays her.
Another suggestion is for Ms Maxwell to do what was listed above in 18 USC 1595:
“a victim of a violation may bring a civil action against the perpetrator [Hmm. Who is the real perpetrator?] … in a district court of the United States and may recover damages and reasonable attorneys fees. Granted there is a catch: “Any civil action … shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.”
(That’s assuming Coverup Barr will actually lay some criminal charges.)
Bagging
A third suggestion – this one is not in Ghislaine’s favor – is for her to be bagged. I guess Prince Andrew could also be bagged. That is, instead of extraditing a person “through channels,” you find them and abduct them. This worked OK for Israel in the catching Adolph Eichman in Argentina circa 1960 and Mordechai Vanunu in Italy circa 1988.(Vanunu had provided the Times of London with photos pf Israel’s Dimona nuclear plant.)
United States jurisprudence is almost entirely in favor of letting a trial proceed even if the witness got there by being kidnapped. A judge of the First Circuit ruled that the bagged person did not miss out on due process as a fair trial provides due process. The Second and Fifth Circuits have also spoken.
In 1886 the US Supreme Court had already confirmed, in Ker v. Illinois, that “you can do it.” The one judgement that holds the other view is US v Toscanino (1974). There the targeted man was picked up in Paraguay and delivered to Brazil where he was “softened up” for more than rwo weeks and then delivered to US.
The judge ruled “Not OK.” The standard is that the torture must “shock the conscience.”
Lock Them Up?
To conclude, here we have Jennifer Flowers saying she wants Bill Clinton prosecuted for raping Anita Roderick. Never mind that both the Clintons are eminently prosecutable for the crimes of the Clinton Foundation, possibly accountable for the so-called Clinton Bodycount, and Mrs C, probably indictable with the Podesta brothers for participation in Pizzagate.
Someone just asked me if I (with surname Maxwell) am related to Ghislaine Maxwell. Well, no I’m not, and she is not a Scottish Maxwell. Her late father was Jan Hoch, who changed his name to Robert Maxwell in order to be a plausible media baron in the UK.
He was buried on the Mount of Olives, overlooking Jerusalem, a great honor, yet it seems that he was killed by Mossad (on the boat named Lady Ghislaine).
Best known for two things: “throwing defamation lawsuits like confetti” at anyone who threatened to publish the goods about his life. And stealing the pension funds of his employees, wholesale.
Nice guy.
I guess the UK have no compunction in extraditing Julian Assange to the US where he would face inhumane treatment “if” convicted when he is already facing the same fete at their hands in Belmarsh prison.
If Julian can stay alive till January 21, 2020 he will have the charges dropped by “President” Tulsi Gabbard. She say:
“Trump’s decision to charge Assange under the Espionage Act will have a serious chilling effect on our freedom of speech and freedom of the press. It also undermines our democracy by keeping crucial information from the American people that they deserve to know.”
“We ought to respect those above us.” Respect has to be earned not given flagrantly to just anyone or any corporation or government.
As most of us already know we have a parallel legal system in place that is corrupt and immoral,
Dee, I do not necessarily believe them. I still wonder about the massive parade of Bill Cosby’s accusers, not to mention Christine Blaser Ford, not to mention the accusers of Judge Roy Moore. A good actress is a good actress.
Cross-examination please.
Alan Dershowitz argues (in 1997) for lowering of age of consent to 15, perhaps 14. Jeffrey Epstien called current laws an aberration.
Mike Cernovitch is a male all women should avoid
ttps://www.youtube.com/watch?v=qIlWKpI2CNs
In the UK sex with a 17 year-old is not illegal, prostitution is illegal. What are the laws on sex with a 17 year-old in US?
Be still, my Republican soul! There could never be any laws about sex in US, Yolande.
I mean no federal law. (At least I hope not.) But the 50 states may have an age minimum for issuing marriage licenses. State legislation can also specify the age at which “statutory rape” is an offense. I am guessing that it is lower than 18 in many states.
Yolande, I just googled for “Oklahoma, law, rape of minor”. Findlaw.com produced this:
The term “sexual assault” refers to any crime where the offender subjects the victim to unwanted and offensive sexual touching. In Oklahoma, the three main sexual assault crimes are rape, rape by instrument, and forcible sodomy.
Oklahoma’s Rape Laws
In Oklahoma, rape is defined as an act of sexual intercourse involving vaginal or anal penetration (with someone who isn’t the offender’s spouse) under any of the following circumstances:
The victim is less than 16 years old
The victim is incapable of giving legal consent due to mental illness or any other unsoundness of the mind (whether temporary or permanent)
Force or violence is used (or threatened with the apparent ability to carry out the threat) — etc…
…
The victim is between 16 and 20 years old and is a student, or is under the legal supervision of a school, and engages in sexual intercourse with an offender who is 18 years old or older and is an employee of that same school system
Concerning New Hampshire (very conservative state) criminallawyer.com says:
The “Romeo and Juliet” Exception
Many states have enacted “Romeo and Juliet” exceptions to statutory rape laws. These protect young people from criminal charges as a result of consensual sexual activity with other teens. In New Hampshire, it is not a crime to engage in consensual sexual conduct short of penetration with a person over the age of 13 unless the defendant is at least five years older, and consensual penetration with a person over the age of 13 by a person within four years in age is a misdemeanor and the defendant is not required to register as a sex offender. (N. H. Rev. Stat. § 632-A:4 (2018).)
For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire. Engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old
Obviously those laws are made by males for such a young age of legal sex. I have a niece in Oklahoma who is a deputy sheriff and her husband is the sheriff.
In a society that endorses adultery and fornication any restriction is just downright hypocritical. It’s not for any government to interfere in any matter of personal discretion in any case; you only have to look at the travesty known as the Family Court to figure out what secular morality is all about
Given the fact that a substantial amount of the Chinese merchandise purchased by U. S, citizens is made by slaves who labour under the most horrendous conditions the laws you reference are mute.
The 2nd issue presented by the article is the fact that none of the girls recruited by Jeffry Epstein were held against their will: there’s a world of difference between “feeling trapped” and the sort of scenario portrayed in “The Jammed”; the former simply suggests faulty parenting
3rd issue: none of the purported abuse involved children. In the early ‘80s I had a close friendship with a woman who had chosen to spend over a decade in prostitution, starting at age 15. Like it or not, there are many girls in their early teens who follow the same course entirely on their own volition.
Berry, re your first point, Gumshoe did an article on slave labor here:
https://gumshoenews.com/2018/05/01/julie-bishop-attacks-modern-slavery-softly-softly/
We are a small operation and have no staff to take on the subject of “China.” Re your second and third points I agree that many women choose the oldest profession in the world.
The point of this article was to sort out a few things about the Epstein case. For me, it is not a sex case. It is not a child case. It is just another road into the minds of the Really Big Guys.
Dunno who they are but they seem to do everything Dr Day said they would do. ‘Xcept he did not know about 5G.
Got to give them full marks for setting up a Lolita Island to win control of Congress. Geez.
Like I said before, I think there’s a parallel between Epstein and Stephen Ward that’s been given virtually no attention:
https://www.ebooks.com/en-us/1733385/the-secret-worlds-of-stephen-ward/anthony-summers-stephen-dorril/
In both cases the expose was/is all about discrediting the government in office which was/is neither here nor there in the scheme of things. The common thread of major significance is the creation, manipulation, and exploitation of mainstream sentiment
Berry
A number of those young girls were purchased from Eastern Europe or they were in a low socio-economic area. Some just wanted to buys shoes or clothes
“Teneo is an incredible firm and without a doubt the premier CEO Consultancy on the planet” – Ex-Trump aide Jason Miller
ttps://www.youtube.com/watch?v=yxvCk6OQdyk
Starts at 47:21
Teneo may be Sarah Huckabee Sander’s next move, as a “Trump Expert” and independant contractor
Teneo,a company of 800 employees and 20 offices around the world, was founded by Declan Kelly (Chairman & CEO). Declan Kelly worked for Hillary’s State Dept.Paul Keary, Doug Band was/is Bill’s close aid also founded Teneo
Doug Band, along with Jeffrey Epstein, were the brainchild behind the Clinton Foundation. Alan Dershowitz said Jeffrey was the mastermind behind the creation of the CGI.
List of clients include Dow Chemical, CocaCola, weight watchers, delta, GE
Teneo was synonymous with corruption of the Clintons, the CF, the CGI. In 2007, it was considered to be a billion dollar company.
In 2003 Jeffrey Epstein hosted a meeting at his Manhattan residence to honour Bill Clinton (who did not attend). Attended by Sergey Brin of Google, Les Wexner(the money man behind Jeffrey Epstein), Doug Band, British MP Peter Mandelson. Also present was Donald Trump. Small world.
Doug Band has had to register as a foreign agent, to represent Saudi Arabia so he could be in charge of a $500 billion project future smart city project of “Neom”.
Jason Miller did not join the Trump administration, serving as assistant, and director of communications. He was the chief spokesman for the Trump Transition, which vetted Alex Acosta. Alex Acosta said Jeffrey Epstein was an intelligence asset. In 2017 he lefy and became managing director of Teneo’s Washington DC’s office.
Ira Greenstein of Genie Energy, who has the contract for drilling oil & gas in the Stolen Heights, sorry Golan Heights
George J Mitchell worked for Teneo in 2014. His name is noted on call logs found at Jeffrey Epsteins home in Palm Beach in 2005.
Then you have the parallel legal systems of China, and of Islam to contend with as well these days.
NO JAIL for Cops Who Kidnapped Teen and Raped Her In the Police Van
https://www.activistpost.com/2019/08/no-jail-for-cops-who-kidnapped-teen-and-raped-her-in-the-police-van.html?utm_source=Activist+Post+Subscribers&utm_medium=email&utm_campaign=bc16b3bd0f-RSS_EMAIL_CAMPAIGN&utm_term=0_b0c7fb76bd-bc16b3bd0f-388160085
It has been nearly two years since then 18-year-old Anna Chambers accused two on-duty NYPD officers of raping her in the back of a police van on the night of September 15th, 2017. As emphatically as she claims she was raped and did not consent to having sex with two police officers, she asserts not only have the police continued to attempt to intimidate her but the very justice system she looked to for help was set up to help the alleged rapists. Now, her claims have been proven correct.
Both of the officers, Eddie Martins and Richard Hall had faced up to 25 years in prison on the original rape and kidnapping charges. However, in March, they had all those charges dropped…
“These defendants engaged in a shocking abuse of power which they finally acknowledged,” said Brooklyn chief prosecutor Eric Gonzalez, according to the NY Daily News. “While I would have preferred to see them serve prison time, they are no longer members of our police department and with (their) pleas are convicted felons.”
As Mary said, it depends on the state. In Texas its 16. In most other states its 18. Around the world the age of consent varies from 9 to 18. In many of the lower aged countries marital rape isn’t criminalized, and it is common for Christian and Muslim fathers to have their daughters clitoris cut off to prevent her from the possible future sin of having sexual pleasure. Eww, I know. Thats called FGM, or Female Genital Mutilation. While we were so preoccupied with Jeff’s case, roughly 8 million girls suffered this fate. That should give us some perspective on our own Moral Panic (or “mass hysteria” if you prefer) regarding the crimes of the rich and famous. According to UNICEF, 4 million girls a year are mutilated sexually by their fathers/Priests choice on the matter.
There is still a good deal of interest in the Epstein case it seems- Jeffs slimy tactic of using his money and power to “manufacture consent” (to mis-use the term) didn’t set him apart from millions of other similar cases over the past few decades. It is his connection with celebrities and rules that gave rise to our mass hysteria, I believe. Well that, and him being Jewish. Finally, the Catholic Priests can play offense again. They’ve been in heaploads of trouble since the 50s, when they castrated 10 little boys as a punishment for going to the police about their sexual abuse. Perhaps the Church was trying to scare off any subsequent accusations. No boy wants their eggs chopped off. Between the last Castrati (or Castratos?) mentioned and the FGM thing, I feel like The Church had taken a curiously sadistic preoccupation with kids private parts. Its not a good look Interestingly, FGM has about 1/10th the page hits as Epstein on google, even though the number of girls effected is in the tens of millions. If you want to help put an end to that, read up on it on WHO dot org or the UNICEF website; and donate to UNICEF if you have a spare dime. Thanks.