James Everett Dutschke v. United States
HabeasCorpus JusticiabilityDoctri
1-Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion?
2-Considering the following previously unwaivable jurisdictional examples:
a-The Legislative jurisdictional issue specifically asked for by Justice Scalia (Bond 2014) regarding 'treaty enactment' and if other countries can write US law (via treaty)
b-The Legislative jurisdictional of constitutional validity of a statute not properly enacted and whether such a 'treaty enforcing statute' "lies outside Congress' (jurisdictional) reach" (Justice Auto-Bond)
c-The Territorial jurisdiction in 'enforcing' an international treaty without a nexus to 'international intercourse' (This was the debate specifically asked for by Justice Thomas- Bond)
d-Legislative/Executive jurisdictional power to expand one treaty/statute to enforce a completely unrelated act covered by an unrelated treaty/statute
e-The Subject-matter reach of indicting for a biological toxin to prosecute for "developing" a product that is not biological nor toxic (applying Bond to biological weapons treaty)
f-The Subject-matter jurisdiction of a fatally flawed indictment by fraudulent misrepresentation to Grand Jury
g-The Subject-matter of a unique statutory BAR to a plea waiver of rights (can a waiver survive the explicitly written will of Congress- 22 Usc §6712)
h-If a breached and otherwise invalid plea agreement is still enforcable as a waiver
Considering that, traditionally, jurisdictional challenges are not procedurally barred or waived, are the above jurisdictional issues (including the Thomas, Scalia, Auto issues) above now, suddenly, no longer reviewable?
3-Do Nonfrivolous habeas issues & grounds that are raised, but not addressed or are misconstrued by the courts forfeit COA?
Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as an Article II President in nullifying or expanding treaties as part of an unreviewable discretion?