According to a press release dated Wednesday, April 13, 2022, Frank James, the accused NYC Subway shooter is being charged in Federal Court.
“Today Frank James has been charged by complaint in Brooklyn Federal Court with one count of violating 18 U.S.C. 1992(a)(7), which prohibits terrorist and other violent attacks against mass transportation systems. Once apprehended, and if convicted, he will face a sentence of up to life imprisonment.”
The question immediately arises as to why the criminal prosecution of this particular crime has been usurped by the Federal Government from local authorities. The immediate response to such a question is sure to claim that the person violated federal law, however, Our Constitution only provides for a very small number of federal crimes:
Article I Section 8 grants Congress the power:
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To define and punish piracies and felonies committed on the high seas, and offences against the Law of Nations;
Article 4 Section 3:
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Constitution plainly defines the jurisdiction of criminal offenses:
Article III Section 2
The Trial of all Crimes, except in Cases of Impeachment, shall be by jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Amendment VI (ratified December 15, 1791)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Now, some will argue that 18 U.S.C. 1992(a)(7), defines the district of the offense as a federal district. Clearly, New York has laws against murder and attempted murder. Why would the US statutes and laws take precedence over the State and the plainly worded constitutional provisions of our Founders? Which is worse, attempted murder or “attacks against mass transportation systems”? How would that even be defined?
In my mind, there are two distinct possible answers. One, the Federal Government, for purely political reasons is flexing its muscles, or two, there are facts in this case which require “management” by a party of interest at the federal level.
In other words, let me come straight out with my accusation. If no federal agencies or officers are involved in any way with the incident involving this defendant, then the best way to demonstrate that, would be to allow the State of New York, Kings County handle the arrest and prosecution. Furthermore, I would argue that the rights of this defendant are being abused by moving the jurisdiction of this case to the federal level. While I am sure there are not many who sympathize with the accused – and rightly so if I may add; all citizens need to understand the potential ramifications to future cases involving other defendants. This type of abuse has been going on so long now, that no one seems to even realize that we are moving towards a nation where all crimes will one day be considered “federal”.