NARSOL: Proposed AWA amended regulations more significant after new Sixth Circuit court decision
The new Adam Walsh Act amended regulations are out for comment for 60 days, and after the comment period will likely be adopted, finalized, and published in the Federal Register. NARSOL had posted an article stating there is reason for concern but not reason for panic. We removed that post because we are now more concerned due to a recent decision just handed down by the United States Court of Appeals for the Sixth Circuit, Willman v. Attorney General of United States, 19-2405 (FED6). This decision will potentially have broad ramifications for those in Michigan and all the states in the Sixth Circuit.
Which states are in the 6th circuit?
Dear David M,
The states in the 6th Circuit are Kentucky, Michigan, Ohio and Tennessee.
Yes, the various state and federal law makers sure have made a big mess out of their registry schemes. They have made it virtually impossible to for any of us to fully comply. But that seems to be precisely what they wanted to do to us from the beginning. They made laws knowing we can’t comply thereby authorizing LE to arrest us, which in turn authorizes state and federal sovereignties to prosecute us and garner bigger stats to justify bigger budgets. This in turn authorizes the same legislators to seek higher taxes to pay for the arrests and prosecutions. Its a vicious cycle.
I have been warning my friends on the registry here in Michigan not to get excited prematurely by the Does v Snyder rulings. State and federal prosecutors and lawmakers are clever about circumventing common sense. People have always been subjected to BOTH state and federal laws. If Congress wants to make SORA applicable to anyone convicted in any court, the Supreme Court will likely back it up. As someone on another post pointed out, what is to stop the Michigan Legislature from rewriting the state registry law by virtually copying and pasting the federal SORA law. A couple of my friends here in Michigan think that they are off the registry now. They are not.
They are stepping on the civil liberties of people who are off probation and parole. They are making laws that are the same as probation/parole conditions (which you could get permission to do most times with a good P.O., but in these cases of AFTER probation, they are laws that can get you arrested for doing what any other American citizen can do legally).
Someone’s not fighting the fight with the right arguments. This IS punishment and banishment.
Maybe attorneys should start bringing probation officers into their lawsuits and cross examine them to ask them what conditions of probation must an offender adhere to and compare that to what a registered person NOT ON PROBATION must adhere to.
Get offended if you will by this but the way I see it, advocacy groups like FAC and NARSOL aren’t really putting up much of a fight. You’re basically just telling us all what we’re in for next with the passing of more bullshit laws.
Any attorneys out there want to start a class action that registered persons should be TAX EXEMPT if we cannot take part in the things and places and freedoms that our tax dollars are paying for other people to enjoy? Anyone? crickets chirp
Yeah. Figured.
You are completely free to start your own private company that is 100% dedicated to fighting the Registry Hit Lists. Or to become an attorney and fight it yourself. Please go ahead and end the Hit Lists. The good, moral Americans will thank you.
I beg your pardon but aren’t the people advocating for registry reform a bit more “professional” and “knowledgeable” about the topics? Ok then, so THEY should be doing what needs to be done and saying what needs to be said. Your sarcasm is noted and totally unwarranted.
https://www.federalregister.gov/documents/2020/08/13/2020-15804/registration-requirements-under-the-sex-offender-registration-and-notification-act
I know this has been covered once before but is worth mentioning again, we NEED EVERYONE to make a statement. It does not have to be a Pulitzer prize winning piece, just state why the registry is harmful to you and your loved ones. Right now, there are 94 public comments. We need as many as possible. We have about 43 more days. I’ve been sending this out to everyone I can.
Make sure you understand that if you do send in a statement or post comments about this. It’s public just like the registry and that is for everyone who wants to see it. They can read it so if you get personal or put down personal information understand that it will be public. Not that we have any privacy anyway. But it’s best to know this upfront.
In the last couple of weeks I have. Seen more bad case law handed down than I have in the last few years. I would like to take second and remind everyone who visits this page that the work the FAC does is not popular, not easy and most importantly, not free for them to carry on without our support. If your on here complaing about what they have and haven’t done and your not a contributing member. Maby put some skin in the game before you say anything negative againt these amazing volunteers. I do contribute. Its not much but its something..I really appreciate everything the FAC volunteers do for all of us. I understand its not a popular job. Iv spent most of my life on this registy as my charges extended back to when I was a kid (16). Im now 47. So I’d like to sincerely say thank you to all the FAC member, volunteers and attourneys who have at least attempted to do what’s right. I respect and appreciate all of you. Your amazing people..
Thank You.
Yes, I have to second that! I’ve been volunteering for the past 2 years as one of the “First responders” when an individual calls the hot line. I also try to contribute financially as much as I can. All the members and non-members should be thankful for the Amazing Attorney’s and volunteers we have in this organization. So please, before anyone starts complaining or criticizing, ask yourself what have you done to help the cause, most importantly, what have you done lately? Lets all continue to support this cause, because not many will! So, Semper Fi (forever faithful) Let’s live it.
So basically the 6th Circuit just reversed itself??
Reversed itself how? Can you please explain because I have no legal experience. Thanks
They didn’t reverse themselves. This is a different issue.
As I said in a NARSOL post, we need a concerted letter writing campaign. We are in a comment period, so let’s comment. I’ve asked NARSOL to analyze the proposed rules, and provide a list of relevant points with DOJ contact information.
With a million registered persons, families and other advocates, we could flood the DOJ with letters. The owls and letters scene from Harry Potter comes to mind. Bill Barr even reminds me of the fat old uncle. lol
What is the address or web link to the public comments for the proposed Federal SORA standards?
If you go to the NARSOL article, you will find a link to the Federal Register site for this proposed rule. There you will find the DOJ spin on the rule. There is also a green button allowing one to post a comment. Below that is a link to read existing comments. As of this moment there are only 98. In the description, you will also find the mailing address for any snail mail responses.
I would still like to see an analysis of the new rules by NARSOL or FAC with recommendations as to comment content in order to direct our comments at specific objections or weaknesses.
Veritas.
Just posted, Ed.
Within a day we will have recommendations.
Does everyone know how AWA came into being?
(We should be remembering Adam’s Life, whereas Law Makers are praising His Mother and Father’s Neglect which led to his death)
Here is an expose from Prison Legal News that outlines THE TRUTHS AND FACTS!
-AMERICA’S BIGGEST HYPOCRITE!-
John Walsh is known to millions of television viewers as the host of America’s Most Wanted on FOX TV(now CNN). The program features lurid reenactments of crimes and ask for viewer assistance in locating people that police claim have committed the crime in question. Over the years political fugitives such as Betty Dukes (a leftist radical accused of bombing the Senate to protest the US invasion of Grenada), former Black Panthers and others have been targeted by the program. Walsh bristles with righteous indignation against the suspects fingered by police as he seeks to turn America into a nation of police stool pigeons.
Often featured on his program are prisoners who have escaped from prison or jail. On several occasions these prisoners have been recaptured even though they had led law abiding lives, built families and otherwise redeemed themselves. But Walsh is quick to point out that none of this matters, the important thing is what the person did in the past, even if it was decades ago and that punishment is paramount.
Walsh became a national figure in 1981 when his six year old son Adam was abducted from a Sears department store in a Hollywood, Florida shopping mall. The nation was horrified when Adam’s head was found floating in a canal, his body has never been recovered. Shortly after the disappearance Walsh and his wife Reve were on television pleading for his return. After their son’s death was confirmed Walsh went on to host America’s Most Wanted and founded the National Center for Missing and Exploited Children as part of legislation the Walshes helped push through congress. In this new role Walsh excelled as a shill for law enforcement exploiting his personal tragedy as a road to riches and fame.
Adam’s killer has never been found. On February 15, 1996, Florida judge Leroy Moe ordered the opening of the police file in Adam’s slaying after four newspapers filed suit seeking access to the files. Both police and the Walshes bitterly opposed opening the files, claiming that the police’s fruitless 15 year search for the killer would be jeopardized. The newspapers’ attorney noted that it was laughable to claim that after fifteen years police would suddenly arrest a suspect if only they were given another week or two.
Once the more than 10,000 pages of police files were examined by the Palm Beach Post and Mobile Press Register, of Florida and Alabama respectively, Walsh’s vehement opposition to opening the files became readily apparent. Jim Campbell, Adam’s godfather, said in a sworn deposition in a civil suit that he had had a long-standing affair with Reve Walsh, unknown to her husband John during the two years he lived in the Walsh’s home. He also stated that John and Reve were heavy users of cocaine and marijuana.
The Walshes sued Sears seeking money damages because Adam was abducted from the store. Sears attorneys produced evidence that Adam had been left in the store by himself by his mother for at least 90 minutes before he was abducted. Sears also deposed Campbell and obtained extensive evidence about the Walshes’ drug use. The Walshes were unsuccessful in sealing Campbell’s deposition in the Sears suit. Eventually the Walshes dismissed their suit against Sears rather than have the embarrassing details of their extensive drug use presented in open court. Walsh, who was a hotel executive with ties to Bahamas casinos, clearly did not want news of his pot smoking and coke snorting to become public.
Given the fact that Walsh makes a living excoriating drug offenders on his program, his reticence to have his own drug use discussed is obvious. That Walsh was or still is a drug user is immaterial to me personally, what makes it relevant is that Walsh makes a living propagandizing against people accused of crimes when he himself has been breaking those same laws. What is interesting is that Walsh is clearly a prominent national media personality and this story has been totally ignored by the national media. It was only reported locally by the four newspapers who filed suit to open the police files, the court file in the Sears suit does not appear to have been examined. A Lexis search shows it has not been repeated elsewhere. If Walsh were to acknowledge his illegal drug use and say that he has been able to reform himself (assuming of course that he no longer uses pot or cocaine) and turn his life around that would imply that the people he excoriates on his program can do the same. Instead he hypocritically insists that people are incapable of change and need to be punished. But who knows, maybe he’s speaking from personal experience on this. If hypocrisy were a crime then Walsh would be America’s Most Wanted Hypocrite.
Source: Palm Beach Post, February 12, 15, 16 and 17, 1996