The United States values the Independence
of States, the Rights of the Individual, and the Contract of
Government.Note the
captions in any criminal proceedings read:
State of . . . or
Commonwealth of ... versus the Defendant.When a person is on trial for a crime, that person is
believed to be innocent and is guaranteed Due Process.I proffer to you, it is the U.S. Constitution on trial
not the Defendant but the guarantee that the United States is a
government for the people.
Ineffective assistance of counsel has taken a new meaning. The Supreme Court requires, as a matter of fairness,
a court must advise an undocumented immigrant or a Lawful Permanent Resident of the immigration consequences of a
guilty plea. This would allow a criminal defense counsel to collaterally attack past guilty pleas whereby the
defendant was not so advised. However, keep in mind that such attacks may subject the defendant to a new trial --
and the defendant would have taken a plea regardless of the immigration consequences.
There is no justice in criminal justice unless our Constitution is preserved. I have taken a vow to protect and defend this Constitution, my Constitution, both domestically and abroad. The war against terrorism is lost if we lose the ideology encapsulated in the very essence of our Country, the defining papers that makes America great. If we compromise our rights for fear of attacks,
we cower to the very terror that besieges us.
