USA vs Lynch Request for McIntosh Relief March 3, 2017

Free Federal Public Defenders filed Section 542 Notice and Request for McIntosh Relief based on Appropriations Act Section 542 Motion to the 9th Circuit Court of Appeals in USA vs Lynch, an ongoing Ten Year Federal Medical Marijuana Prosecution in Californa.

In their amici curiae brief, U.S. Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA), the lead authors of Section 542, explained that the rider was intended to apply to cases like Mr. Lynch’s—and to this case in particular. Specifically, they wrote that the purpose of their amendment was stopping federal prosecutions “like the one pending . . . against Charles Lynch.” Dkt. No. 103, at 8. Referring to this case, the Congressmen cautioned that “[p]ermitting the DOJ to spend more federal funds to prosecute one of the very cases Congress intended for the DOJ to cease prosecuting defeats the purpose of the Rohrabacher-Farr Amendment entirely.” Id. at 11

Money Slinging Marijuana hating Federal Prosecutor David Kowal is expected to file his felonious frantic reply by March 16, 2017. But my Deputy Federal Public Defenders have some news for him:

In addition, if the government’s continued spending on this case is unlawful, the Court should not ignore that fact and allow further expenditures on appeal. The concern is not solely unauthorized waste of taxpayer funds—although that interest is weighty. The government’s failure to comply with Congress’s directive violates the Appropriations Clause, U.S. Const. art. I, § 9, cl. 7, and the Anti-Deficiency Act, 31 U.S.C. §§ 1341 et seq., 1511 et seq., implicating constitutional rights and potential criminal liability for the government. See McIntosh, 833 F.3d at 1175 (“[I]f DOJ were spending money in violation of § 542, it would be drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.”); 31 U.S.C. § 1341(a)(1)(A) (making it a felony for federal employees to “make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation”); see also id. §§ 1350, 1517(a), 1519.

Click the 'Request for Relief' button to read the 253 pages of work by Federal Public Defenders. At the cost of an appellate attorney these days that cost could be up to and beyond $253,000 just for this one motion not to mention the millions spent prosecuting and defending Lynch. Lynch has Free Federal Public Defenders and your donation is greatly appreciated. Freedom Fighting is not a paid position. Thank you for your support! Charles C. Lynch

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