Letter to friends and family

“Our Criminal Justice System is Broken” 

Sidney Powell describes the “Rule of Law” simply as equal and just treatment for both defendants and prosecutors. This rule of law comes from our Constitution and the Bill of Rights. In the United States of America, our highest aim is to seek justice, not primarily  a conviction.

Selective Prosecution 

Why Paul? 

The short answer: “Selective Prosecution” at its worst. Paul found himself in the crosshairs of the Marshallese government, and prosecutors here. It appears that the goal of the Marshallese government was to remove Paul as a direct competitor for the money paid by the adopting parents for adoption services he offered for 20 years. The Marshallese government wanted to solely profit from those adoptions. As they say, “Follow the Money.” 

Paul was one of a few adoptions attorneys across the United States, but primarily in Arkansas, who facilitated the adoptions of Marshallese children to loving American homes. None of the other attorneys were charged with any crimes. In fact, one attorney in Hawaii was allowed to retire rather than face any consequences. Clearly, they needed to make up crimes just for Paul, a self-evident example of “Selective Prosecution” and a “Double Standard” which is an abuse of the rule of law. 

Sidney Powell’s words written in her books or  in her speeches have hit us like a ton of bricks. She writes and says prosecutors are “making up crimes” to target whomever they want. They are “politicizing their prosecutions” and “weaponizing the laws against defendants.” 

Think about this: Paul has had 500 adoptions approved in open court. Only one adoption was challenged over his entire 20 years operating in Arizona, Arkansas and Utah. Worth noting!  The challenge from just one judge was overturned by the Arizona Court of Appeals. Therefore, Paul had no reason to believe that his practices were anything but legal. He did not break any U.S. laws, so prosecutors — just as Sidney Powell points out — “made up crimes” and “weaponized the law,” not even an American law, but a vague treaty, perhaps poorly written, by the small nation of the Marshall Islands. Prosecutors had to fit a crime here in the U.S in order to make their charges. This is  “seeking a conviction rather than our American ideal of seeking justice!” 

Misuse of “Zealous Advocacy” Now Proven

Sidney Powell and a growing list of experts have made the case that AT LEAST 10% of the current two million incarcerated prisoners today (200,000 men and women) were either completely innocent or were wrongfully imprisoned by “overzealous prosecutors.” Think about the devastation in the lives of spouses, children and siblings: over the years, millions of fatherless and motherless homes due to this “conviction machine.”  Think of the billions of tax dollars spent on wrongful convictions while prevention and education programs have been frozen out of funding. Did you know that the phrase “zealous advocate” has been so abused by lawyers that it is being taken out of their oaths and ethical rules? Arizona was the first state in the country to remove that phrase from the rules of professional conduct for attorneys. 

It’s time to “fix our criminal justice and our prison system” practices and hold the prosecutors, the courts and the prison systems accountable. 

In  Conviction Machine, Harvey A. Silverglate, a prominent criminal defense and civil liberties lawyer, said, “We laugh when we hear, Prosecutors can ‘indict a ham sandwich.’ It’s absurd!  But, sadly, it’s true. The criminal justice system is so stacked in favor of the government that shocking numbers of innocent people have been sent to prison.”  

Silverglate showed that every one of us is vulnerable to criminal prosecution in his book  Three Felonies a Day: How the Feds Target the Innocent; as did Sidney Powell, who witnessed appalling abuses by prosecutors that prompted her to write  Licensed to Lie: Exposing Corruption in the Department of Justice, and co-author Conviction Machine.

Powell and Silverglate put a spotlight on the defects in the system: overzealous prosecutors, perjury traps, negligent judges, perverse limits on self-defense, vague and overabundant criminal statutes, insufficient requirements for criminal intent and no accountability for prosecutors. Most importantly, they provide a much-needed blueprint for reforming the Department of Justice and the criminal justice system at all levels, including actions an average citizen can take to help restore justice.  

Setting aside the Rule of Law through “Intimidation” 

Sidney Powell has labeled them “Prosecutorial Terrorists” 

Paul’s treatment has been frighteningly like other national figures. Paul and his family were returning from a trip to California and were stopped at the Arizona border. Paul was handcuffed on the spot as if he were a dangerous criminal — in front of his traumatized children!  And it was all a publicity stunt!  

At that same time, a preplanned “National Press Conference” was called. Federal and Homeland Security officials, two Attorneys General and other law enforcement officials proudly shouted “WE GOT HIM!” in front of the national media. These gleeful prosecutors pumped their fists together high above their heads, as if they had brought down Al Capone. They described our son as a dangerous man. Those who know Paul know he is kind and generous and far from a danger to anyone. He loved his work. He received great satisfaction uniting adoptive mothers and fathers with their  new adopted child, and from assisting willing pregnant mothers who wanted a better life for a child they could not, because of their own circumstances, raise.  Witnessing this perverse planned media spectacle broke our hearts. 

Where is the “rule of law“ here? No one has answered this simple question. Why didn’t these prosecutors meet Paul at his office, or call him into the Attorney General’s office, or someplace else to question him about his practices?  After 20 years of running a successful practice in the open, all above board and legal, all signed off on by numerous judges in many different jurisdictions, why now?  Why weren’t any of the other major practitioners, including  his Hawaiian counterpart, charged with anything? Selective Prosecution! Why the “double standard”? Is this another sad example of a “two-tiered criminal justice system” we see playing out on a national level?  Where are the “victims” of his “bad” deeds, and why would Paul be charged with multiple felonies based on another country’s vague laws/treaty?   

More treachery followed. Prosecutors demanded an outrageous $500,000 Cash Bond for the specific purpose of keeping our son in jail until his trial date — possibly up to a year! Paul is not an “El Chappo”;  he never was a “flight risk.”  For 20 years, Paul had legally facilitated adoptions for over 500 families, mostly newborn babies.  All adoptions require approval by judges in Arizona, Utah and Arkansas, in open courts, and with the oversight of state licensed adoption experts. 20 years and 500 adoptions without a single formal complaint. This mistreatment of Paul was a shock to all of us.   

What is even more ridiculous is the incredible waste of tax dollars.  Paul was not hiding in a cabin in the woods. He had a home and an office in Mesa and served as an elected county official with an office in Phoenix. He was forced to resign this position as Maricopa County Assessor.  We hope you can see that something is very wrong here.  This is a classic case of “prosecutorial overreach and an abuse of power.”  

Setting aside the Rule of Law through CIVIL ASSET FORFEITURE 

It didn’t end with intimidation. Arizona’s proud Attorney General literally seized EVERYTHING Paul and his wife had accumulated together during their 14-year marriage. All of their assets, including their home, all of their business assets, all of their cash, and even some of their retirement money! So how would Paul pay for his defense, or even his family’s monthly bills? It quickly became clear that that was their point. 

 U.S. Supreme Court Justice Clarence Thomas is highly critical of civil asset forfeiture laws:

 This egregious law allows police to seize property, with limited judicial oversight — and retain it for their own use — has led to egregious and well-chronicled abuses. 

Nationwide, civil asset forfeiture laws have been labeled “theft.” No fewer than 25 state legislatures and many civic organizations on the left and right of the political spectrum have called for changes to these laws for years. The American Civil Liberties Union and The Institute for Justice are two of dozens of civic organizations that support amending civil asset forfeiture laws. Many thousands of Arizonans, year after year, have lost millions of dollars in property and cash taken through this”‘legalized theft.” Sadly, less than 5% of these seized assets have been returned to their owners, even though no criminal charges were filed. This is a national disgrace! Call your legislators to make your voice heard. Ask them to fix the Arizona civil asset forfeiture laws now. Some states are already changing these unfair laws. It’s time for Arizona to do the same.http://chng.it/cC6jnHkf Go to this link to sign a petition that we will  be forwarded  to your legislator after we receive over 5,000 signatures. Forward this link to your family and friends. Any money contributed  on this site is not for Paul. 

Setting aside the Rule of Law through Enhanced Sentencing 

This nightmare continues. The next egregious abuse against Paul was something called “enhanced sentencing.”  Arizona is acknowledged as having one of the most draconian enhanced sentencing laws in the entire country. What it means is that a prosecutor can substantially  increase  the length of a sentence, under certain circumstances,  without getting the permission of the judge, or even informing the jury of the sentence enhancing. 

Many of us might think, if a person were not guilty, why would they plead guilty? Sadly, few Arizona citizens know this law exists or how it works as a tool to extract a guilty plea. A recently retired lead prosecutor explained that enhanced sentencing has nothing to do with seeking justice! It is a prosecutor’s hammer used to squeeze a plea. We didn’t even know such a thing existed, or that it could exist in a free country. 

After reviewing Paul’s case, several other lawyers told us they felt each of the prosecutors’ cases were weak. They said weak cases are one of the primary reasons prosecutors use this tool. It works well in weak cases where prosecutors don’t want to argue their case before a judge and jury in open court, so they resort to “enhanced sentencing” to force a plea.  If you would like more information about how the prosecutors in Paul’s case used enhanced sentencing to force his hand and get him to negotiate a plea, instead of going to trial, call us. 

Setting aside the Rule of Law by Deliberately Inflating Costs 

Some costs for some of the births were paid for by emergency AHCCCS (Medicaid).  Emergency AHCCCS is very common, and anyone, even a person who is here illegally,  can qualify for this federal program under certain circumstances. One of these, which Paul believed applied to these birth mothers, was if a person is in labor, the hospital must treat them, and they would then qualify for the hospital costs for labor and delivery. This is not regular AHCCCS, as was misreported in the media. He never received any funds directly from AHCCCS, or any other government source. Furthermore, the prosecutors deliberately and intentionally inflated these costs simply to make Paul look “bad” in order to increase fines and penalties. They have admitted as much to his attorneys; yet this has not been reported in the media either. Is this another case of “selective prosecution? Arizona is the ONLY state to make these AHCCCS abuse charges against Paul. Yet his operating practices were the same in Arkansas and Utah. ”Another abuse of power and a case of applying a double standard.” So Paul will be paying restitution only to the State of Arizona in the amount of  nearly $700,000. It requires vigilant citizens to ask their legislators if the Arizona Attorney General  is keeping this $700,000 for his office. Will the AZ AG return this money to Arizona and U.S. taxpayers? In labeling this money as restitution, the money should be returned to the federal government, since U. S. taxpayers are the payer of about 90% of all AHCCCS costs. U.S taxpayers should receive this restitution. Ask your legislator! 

Paul’s Sentencing? Sad, and very real for us. 

Paul is not the only person who has been or will be wrongfully sent to prison. Millions of others have been abused by our criminal justice system. Remember Sidney Powell has alleged that at least 10% of our current prison population is either totally innocent or has been wrongfully prosecuted for the purpose of ”seeking a conviction rather than seeking justice.” Our hearts and love go out to those who have been unjustly imprisoned.

Paul will appear in Arkansas for sentencing sometime in late October or November. After that he will appear in Arizona and Utah for sentencing. In exchange for his pleas, Paul’s attorneys stipulated that any prison time must run concurrently among all three states.

We are praying that the federal judge in Arkansas will show Paul the mercy he deserves. The sentencing range in all jurisdictions will be from 3 to 12 years. Probation would normally have been eligible on the Arizona offenses, but the AZ prosecutors did not want to allow a judge to have that option. Hopefully, Paul’s record of public service, with no previous criminal record, as well as the good accomplished through his 500 adoptions and his responsibilities as a father to four young children under the age of 12, will persuade the judges involved to impose a sentence on the low end of the range. We know God has a purpose for Paul.

Special Note: If you, or anyone you know, has a good relationship with a faith leader, a professional, business, or educational leader in Arkansas please call us. We will explain how this contact might bless Paul with greater Mercy. 

In Arizona, Paul is facing even more hostile prosecutors. They are saying they want Paul to serve an “aggravated” sentence upwards of 10 years! For what? No victims! All restitution has been paid  to the State. What further punishment is appropriate when he has already lost his home, his job, his ability to practice law, and his reputation?

What Can Be Done? 

If this were your loved one, what would you do? 

We have a petition to sign about the abuse of “enhanced sentencing”that will be sent to your legislators and our Governor requesting them to fix the draconian enhanced sentencing laws to prevent future abuses.

Sign the petition

What about Paul’s Defense Costs? What is still needed? 

We are overwhelmed with gratitude for those who have donated to Paul’s defense. Paul’s plea has significantly reduced his defense costs by eliminating three jury trials in three states.   However, he still has significant legal fees and costs remaining to be paid to get him to the finish line with his sentencing in three states. These fees include attorneys’ fees, sentencing expert costs and fees, and travel costs to Arkansas for sentencing; he believes he still has at least another $200k in legal fees and costs still to be paid.

We are more than grateful for all your support and hope others will help us to reach this goal. If you are able, please consider helping Paul and his family. All donations, regardless of amount, will be gratefully received. 

[give_form id=”190″]