ABSTRACT:
In its zeal to arrest those who violate the sexual exploitation of minors statutes, the government has established a decades long pattern of violating those same statutes. This document discusses statutory history, how these laws apply specifically and generally to law officials, and through examination of published case law establishes the clear violation by law officials. Also covered are the Constitutional and legal issues which arise from this behavior, and the available remedies which the court can utilize to redress the official misconduct. Additionally, legal harmless investigative methods occasionally used by law officials are covered, which methods moot the need for the use of illegitimate methods. Finally, foreign commerce and Internet specific issues are discussed and the implications of the government’s use of these facilities.
The Police State
Other than just plain truth seeking, one of the original motivations for this tome was to see how this information could be used in a “selective prosecution” claim. Because prosecutors have broad and effectively unfettered charging authority, charges of selective prosecution are virtually never successful.
As of the publication date not one instance of prosecuting an agent who violated pornography laws in an official capacity had been found. Mikel hopes that the information presented may at least be useful to some defense lawyer somewhere at sometime.
Veritas.
Concerning prosecutors, Ed Austin (former Public Defender and then State Attorney for the Fourth Judicial Circuit and eventually mayor of Jacksonville) was quoted as saying that prosecutors have power second only to God. That is scary.
Nice article but who is Mikel Moore? No such person exists in Lisbon, OH.
He’s incarcerated
Try federal Bureau of Prisons website, inmate search. He is at FCI Elkton in Lisbon OH.
P.S. I’m certain Mikel would appreciate letters from anyone who found his work interesting or useful. It is always emotionally uplifting to get a letter while in prison, particularly one of acknowledgement.
Mikel Moore
17247-032
FCI-Elkton
P.O. Box 10
Lisbon, OH 44432
Veritas
Several years ago I read that the FBI in Florida at that time had more child pornography online for sting operations than any individual or group did. The article stated that there was an outcry causing the FBI to take some of them down. I have tried to find the article but was unsuccessful. I thought it was in the Florida Times Union.
I find beyond repulsive the thought that any law enforcement agency would deliberately post even one such photo online. They should be destroying them, not putting them online for all to see.
I read an article on the same story, don’t remember where. The FBI busted a huge CP ring. They decided to put those responsible in jail and then decided to keep the website up and running. The FBI said they need the CP website to catch people downloading CP.
That story always made me mad at the hypocrisy of the FBI and our justice system. As a civilian, you can go to jail if you download CP. But the FBI is allowed to own and publish (distribute) CP.
Nicely done ! Now if we could get something like this done on the registry and/ or the illegal & often times unconstitutional ways they get they’re arrested and convictions of innocent citizens