No. 18-5788

James Everett Dutschke v. United States

Lower Court: Fifth Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: biological-agents bioweapon-offenses civil-rights constitutional-separation-of-powers due-process federal-prosecution jurisdiction jurisdictional-ambiguity plea-agreement select-agents separation-of-powers standing statutory-interpretation statutory-validity subject-matter-jurisdiction territorial-jurisdiction treaty treaty-enactment
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-11-30 (distributed 2 times)
Question Presented (AI Summary)

Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion?

Question Presented (from Petition)

Questions Presented “t-Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion? . 2-Considering the following previously unwaivable jurisdictional examples: a-The Legislative jurisdictional issue specifically asked for by Justice Scalia (Bond 2014) regarding 'treaty enactment’ and if other countries can write US law (via treaty) b-The Legislative jurisdictional of constitutional validity of a statute not properly enacted and whether such a 'treaty enforcing statute’ "lies outside Congress' (jurisdictional) ‘ reach" (Justice Alito-Bond) c-The Territorial jurisdiction in 'enforcing' an international treaty without a nexus to ‘international intercourse' (This was the debate specifically asked for by Justice ThomasBond) jurisdictional power to expand one treaty/statute to enforce a completely unrelated act covered by an unrelated treaty/statute e-The Subject-matter reach of indicting for a biological toxin to prosecute for "developing" a product that is not biological nor toxic (applying Bond to biological weapons treaty) f-The Subject-matter jurisdiction of a fatally flawed indictment by fraudulent misrepresentation to Grand Jury g-The Subject-matter of a unique statutory BAR to a plea ’ waiver of rights (can a waiver survive the explicitly written will of Congress22 USC §6712) h-If a breached and otherwise invalid plea agreement is still ; enforcable as a waiver . , Considering that, traditionally, jurisdictional challenges are not procedurally barred or waived, are the above jurisdictional issues (including the Thomas, Scalia, Alito issues) above now, suddenly, no longer reviewable? 3-Do Nonfrivolous habeas issues & grounds that are raised, but not addressed oer are misconstrued by the courts forfeit COA? N in

Docket Entries

2018-12-03
Rehearing DENIED.
2018-11-13
DISTRIBUTED for Conference of 11/30/2018.
2018-10-26
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Waiver of right of respondent United States to respond filed.
2018-07-10
Supplemental brief of petitioner James Everett Dutschke filed.
2017-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)

Attorneys

James Everett Dutschke
James Everett Dutschke — Petitioner
James Everett Dutschke — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent