The Hidden Black Hole in the Child Protection Act

[madmusic]

"In the present case, all “person(s] who (are] in the custody of the Bureau of Prisons” may be certified as a sexually dangerous person by the Attorney General or the Director of the Bureau of Prisons and subjected to a civil commitment hearing, regardless of whether that person has any history of sexually violent conduct. 18 U.S.C. § 4248(a). The Act potentially subjects every federal prisoner, simply by virtue of being a federal prisoner, to a hearing at which the prisoner could indefinitely lose his fundamental right to liberty. The class of “all federal prisoners,” bears absolutely no relation, let alone a rational relation, to the governmental purpose of committing sexually dangerous individuals.

http://sexcrimes.typepad.com/sex_crimes/files/comstock_motion_to_dismiss.pdf (PDF)

I can think of a lot of good reasons not to trust the government with this Siberia-like law. Think Guantanamo. Would you trust Alberto with a preponderance of the evidence hearing? This is an important motion. Please read it.