Obama's "Citizen's Briefing Book."

1-15-2009 Washington DC:

Obama's Transition Team has started what they call the "Citizen's Briefing Book."

Here is how they explain it:

Share your ideas on any issue facing the new administration, then rate or comment on other ideas. The best rated ideas will be gathered into a Citizen's Briefing Book to be delivered to President Obama after he is sworn in.

My Review of Existing Issues:
Today, I began looking at what is already out there as to Sex Offender Concerns and Issues, what I found is not what the Transition Team is looking for. There seems to be a main theme among those folks who support reform for sex offender concerns, and that is, that the Adam Walsh Act violates the ex post facto clause, without clarification.

Let me say this, that the Adam Walsh Act (AWA) -on its face- does not violate any constitutional provision whatsoever, it is quite clear folks do not understand constitutional provisions and how they may be violated. If it were in violation -on its face- then courts would have overturned it entirely. That has not happened.

All laws when enacted are prospective, meaning they apply to folks convicted as of the date the law became effective, and thereafter. Immediately that tells us that AWA is not ex post facto on its face; this is not some subtle point it is something folks need to understand.

Now, when a new law (AWA) is applied to folks convicted BEFORE the date of enactment, then it MAY be a ex post facto violation. One more thing is needed, the law MUST FURTHER PUNISH according to what courts have declared to be punishment; courts -so far- have not declared AWA provisions further punishment. Therefore, despite all personal beliefs, mine included, AWA is not an ex post facto law, legally speaking.

This is the main case on ex post facto laws:
CALDER v. BULL 8-1-1798 Question:
This is the source of all ex post facto cases: The court holding a law is a ex post facto violation if any of the following have occurred:

1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action.

2nd. Every law that aggravates a crime, or makes it greater than it was, when committed.

3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.

4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender.

AWA or SORNA, that is the question:
In addition, supporters have missed a very important fact, that the Adam Walsh Act has many Titles, only one of them pertains to registration, SORNA is the name they have given that PORTION of AWA affecting registration issues. While many folks, in commentary, refer to AWA and actually mean SORNA portion, here in the Citizens Briefing Book EVERYONE MUST BE CLEAR in explaining what their objection pertains to.

The reason for clarity is, AWA has many good portions (i.e.;. child pornography for one) and anyone in Congress seeing a claim that "AWA is unconstitutional" will ignore such claims knowing it to not be true. So folks lose an opportunity to get their point across because they were not clear.

How many stories are currently told:
OK, after reviewing everything I could find, I can count on one hand the number of stories that have value towards sex offender concerns. Here is why I say this, folks are complaining -whining so to speak- about laws being bad and repeating those claims time and time again. Very few tell stories that show how SORNA harms people in their daily lives, those stories are issues, real issues. Something Obama can grab onto and make changes in laws to accommodate and relieve the harm.

What should folks focus on:
Now, if folks remember, at Halloween Obama was walking with one of his girls in the park, and reporters began to harass them, Obama asked them to stop. That is a story and at that time I pointed it out to folks to remember this when discussing RSO issues. That is the kind of issue this Transition Team is looking for to present to Obama. FAMILY HARASSMENT, Obama is sensitive to that, hence the story of him and his girl in the park.

Further, when Obama was elected President-Elect, who did he bring on the stage with him? His FAMILY, again he is sensitive to FAMILY ISSUES. In addition, when his Grandmother died, where did he go? FAMILY ISSUES. I've pointed these out in my blog from time to time. REMEMBER "FAMILY" tell story that involve family and how they are being harmed, harassed, etc. These are real issues not screaming that laws are ex post facto, that my friends is a waste of time.

KEEP FOCUSED!

The bad guys, the haters:
Next, I also noticed that there were folks who hated the fact that RSOs or their family members were, as they put it, complaining. And some even called folks names. Then I see a few supporters, spending time arguing with these folks. This is a MAJOR mistake, allow folks to have their opinions, just ignore them. If you do not ignore them, then those who review issues (Transition Team) will not want to help those who are arguing and bypass good issues.

The bad folks who call names, allow them their opinion and name calling, and I promise you, the transition team will ignore them and focus on the RSO issues if they spend their time simply getting issues in for consideration. Remember what the Transition Team said "The best rated ideas will be gathered into a Citizen's Briefing Book to be delivered to President Obama after he is sworn in."

The best rated:
THE BEST RATED, which means more of your time must be spent on getting RSOs, family members, and supporters to vote in order to get issues "BEST RATED" so DO NOT WASTE time, get the message out to others, work together with other supporters, set aside any differences, teamwork even if you don't like someone on the team.

So remember, stories: My father and I went walking in the park today and someone noticed me from seeing my picture on the registry, as that person walked by, they spit at me but caught my father in his face. That folks is a story, and notice, no mention of AWA violating the ex post facto law.

Remember, stories showing who is harmed and how! Stay focused, stories is what the transition team will bring together and present to Obama.

Good luck to everyone:
eAdvocate

CLICK to goto the Citizens Briefing Book

NOTE: Megan's law became a law by her Mom telling her story. Jessica's law became a law because her story was told. Every law that is named after a victim became a law by telling the victim's story. TELL STORIES of harm to FAMILY members...