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The following is part of an address titled “The Federal Prosecutor” by Robert H. Jackson, attorney general of the United States on April 1, 1940:

“It would probably be within the range of that exaggeration permitted in Washington to say that assembled in this room is one of the most powerful peace-time forces known to our country. The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.”

This was in 1940; imagine the stranglehold now.

This is how Marcie Thumann was treated. She was attacked and threatened and given only 24 hours to take a plea agreement. The prosecutor said at the time to plea or I will indict your husband. Her husband at the time was not even in her life when this allegedly happened. Also threatened to seize her home and all her assets and ruin two families at once.

Federal prosecutors are not held responsible or accountable — why is this OK? They do not have to prove guilt beyond a reasonable doubt. Just get a conviction at whatever means they need to use.

Karen Nielsen
Marcie Thumann’s mother