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Tuberville and Paul call out Biden Administration and AG Garland for two-tiered Justice System

On Thursday, U.S. Senator Tommy Tuberville (R-Alabama) joined Sen. Rand Paul (R-Kentucky), Sen. Katie Britt (R-Alabama), and 26 other Senate colleagues in sending a letter to Attorney General Merrick Garland condemning the Biden's administration's weaponization of the American judicial process and the conviction of former President Donald Trump in Manhattan.

"The Biden Administration is complicit in the destruction of due process of law," the Senators wrote in the letter. "The elusive crimes for which Donald Trump has neither been charged with nor convicted of could include Federal Election Campaign Act (FECA) violations. Alvin Bragg, a New York State prosecutor, has no jurisdiction to enforce federal election law and the federal government would never tolerate a state prosecutor infringing upon its FECA jurisdiction – unless the defendant is Donald Trump. Rather than call out prosecutors for carrying out the political persecution of Donald Trump, President Biden defended the case."

Senators Tuberville, Paul, and Britt were joined by Senators Marsha Blackburn (R-Tennessee), Mike Braun (R-Indiana), Ted Budd (R-North Carolina), John Cornyn (R-Texas), Kevin Cramer (R-North Dakota), Ted Cruz (R-Texas), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), Bill Hagerty (R-Tennessee), Josh Hawley (R-Missouri), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), Ron Johnson (R-Wisconsin), James Lankford (R-Oklahoma), Mike Lee (R-Utah), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Markwayne Mullin (R-Oklahoma), Eric Schmitt (R-Missouri), Rick Scott (R-Florida), Tim Scott (R-South Carolina), Marco Rubio (R-Florida), Dan Sullivan (R-Alaska), John Thune (R-South Dakota), Thom Tillis (R-North Carolina), and J.D. Vance (R-Ohio) in sending the letter.

Read the full letter below:

"Dear Mr. Attorney General:

The conviction of President Trump in Manhattan is nothing short of the evisceration of the American judicial process. In their zeal to imprison Donald Trump, Democrat prosecutors successfully dissolved the constitutional protections afforded to defendants and the barriers that protect every American from the abuses of arbitrary rule.

Among the casualties of this case are the concepts of due process, hitherto guaranteed to Americans by the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to be informed of the nature and cause of the accusation. Due process requires that a defendant be given notice, the opportunity to be heard, and a neutral decision-maker. Even if we disregard Judge Juan Merchan's financial contributions to Democratic candidates and causes, the prosecutors were permitted to convert alleged time-lapsed business records misdemeanors into felonies because the records violations were supposedly in furtherance of a second crime. Yet, even after the jury rendered its verdict, we do not know what constitutes that specific second crime.

Due process cannot exist when the defendant is accused of a secret crime. No American – not even a President – can defend himself fairly in a court of law if he is deprived of his Sixth Amendment right to know what crime he is alleged to have committed.

The Biden Administration is complicit in the destruction of due process of law. The elusive crimes for which Donald Trump has neither been charged with nor convicted of could include Federal Election Campaign Act (FECA) violations. Alvin Bragg, a New York State prosecutor, has no jurisdiction to enforce federal election law and the federal government would never tolerate a state prosecutor infringing upon its FECA jurisdiction – unless the defendant is Donald Trump. Rather than call out prosecutors for carrying out the political persecution of Donald Trump, President Biden defended the case.

We condemn this show trial, not just because it marks the attempt to imprison a leader of the loyal opposition, but because it threatens the existence of due process of law, without which a constitutional republic dedicated to the protection of individual liberty is not possible."

Following President Trump's conviction, Senator Tuberville issued a statement blasting the "trial" as a political witch hunt by Democrat political activists. Senator Tuberville joined his colleagues in a pledge to oppose all Biden appointees. Senator Tuberville continued his push-back against the Biden administration by vowing to oppose unanimous consent of Biden's judicial nominees.

Earlier in the week the House of Representatives voted that Merrick Garland was in contempt of Congress for his refusal to honor a congressional subpoena of President Joseph R. Biden's (D) interview with the special counsel in his mishandling of classified documents case.

https://www.alabamagazette.com/story/2024/06/01/news/doj-wont-prosecute-garland-for-contempt-of-congress/3430.html

Garland's Justice Department chose not to prosecute President Biden for a finding that as vice president he did mishandle and share classified documents. They are prosecuting former President Donald J. Trump (R) on similar charges. Garland's Justice Department on Friday, the day after this letter was sent, announced that they were not going to charge Garland for contempt of Congress. Garland's Justice Department did prosecute and convict former Trump aides Peter Navarro and Steve Bannon. Navarro, despite being a first-time offender and despite the fact that the special Committee on January 6th which he refused to testify before has been defunct for nearly a year and a half is actually incarcerated in a federal prison. Bannon has been ordered to prison on July 1.

Republicans have maintained that Biden and Garland have systematically weaponized the Justice System to target their political opponents, while ignoring their own possible legal discretions.

Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans' Affairs, and HELP Committees.

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