No. 22-1152

Najam Azmat v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-30
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 28-usc-535 criminal-activity criminal-liability department-of-justice equal-justice immunity misprision-of-felony official-immunity prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (from Petition)

1. Does the Department of Justice have an obligation to charge the prosecutors and Federal Agents if they engage in criminal activity during the course of their investigation or prosecution in the very case they are investigating or prosecuting, just like any ordinary citizen engaged in similar conduct in consideration of EQUAL JUSTICE FOR ALL since their actions result in loss of immunity, having being specifically informed of violating 18 USC §242 pursuant to 28 USC §535 (b)?

2. Does 18 U.S. Code § 4 - Misprision of felony apply to Department of Justice officials, regardless of their title or ranking in the DOJ (including Attorney General), who were officially informed of criminal acts committed by prosecutors and Federal Agents in obtaining indictments and convictions when all four elements of misprision are satisfied and were in a position or were obligated to intervene, but failed to do so which essentially amounts to a constructive step to protect the criminals? Also, in such a situation does everyone who is aware and was in a position to intervene (including Attorney General) but did not in spite of being provided incontrovertible evidence of crimes, lose their immunity and should be charged with Misprision of Felony like any ordinary citizen because there should be EQUAL JUSTICE FOR ALL?

3. Whereas it is unquestionable the Petitioner was a victim of crimes by the prosecutors/Govt. Agents, was there a miscarriage of justice when the Dist. and Circuit Court ignored the Rights of Crime Victims under 18 U.S.C §3771. {a)...person who has suffered physical .financial, or emotional harm as a result of commission of a crime... .(7) The right to proceedings free from unreasonable delay... (8) The right to be treated with fairness and with respect for the victim 's dignity and privacy...(d)(3). The district court shall take up and decide any motion asserting a victim 's right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals . The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed, unless the litigants, with the approval of the court, have stipulated to a different time period. when the courts denied any hearing, much less even failed to address the crimes in any written opinion, thus denying the victim of crimes (Petitioner) the right to relief under §3771 that requires an expeditious review and opinion?

4. Can a Certificate of Appealability (COA) be denied by District and Circuit Court to review a claim of actual innocence that is based upon fraudulently obtained indictment that is verifiable from Grand Jury Transcript and DEA-6 reports, where copies of actual documents were also submitted to the court by the petitioner to show that the indictment in its entirety was fraudulently obtained using criminal conduct and other egregious misconduct by two prosecutors and two Federal Agents in addition to NINE (9) GJR (6)(e)(l) violations by meeting with the GJ off the record while the GJ was in session in violation of the accused 's Due Process and Equal Protection clauses of V and XIV Amendments and then this fraudulent indictment was presented to the trial jury in violation of IV Amendment where the trial jury was fed with the "fruit from a poisonous tree"to obtain a conviction?

5. Should the trial verdict be vacated because "fruit from a pois

Question Presented (AI Summary)

Does the Department of Justice have an obligation to charge prosecutors and Federal Agents for criminal activity during investigations or prosecutions?

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-26
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-06-14
DISTRIBUTED for Conference of 9/26/2023.
2023-06-05
Waiver of right of respondent United States to respond filed.
2023-03-27

Attorneys

Najam Azmat
Najam Azmat — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent