The story of Amy has been beaten to death, both here and by her advocates, to the point where even the Department of Justice has said “enough.” Amy, who suffered horribly as the child in the “Misty” child porn series, deserves compensation for what was done to her. No doubt about it. But the government has come to recognize that every person who ever viewed a Misty video shouldn’t have millions in restitution imposed as a matter of law.
During the past two years, victims of child pornography (represented by the Marsh Law Firm and pioneering attorneys Paul G. Cassell and Carol L. Hepburn ) have been seeking restitution in federal courts throughout the country.
Using a long forgotten passage in the Violence Against Women Act championed by then-Senator Joe Biden in 1994, child sex abuse victims are asking federal judges to award the mandatory restitution guaranteed by this law.
Unfortunately, the Justice Department has abandoned victims of child pornography on appeal by advancing a legal standard which the courts consider unworkable. The Justice Department’s position is effectively preventing hundreds of child victims from receiving any money from the tens of thousands of child molesters and pedophiles who collect and trade child sex abuse images.
In October, the Justice Department filed a Supreme Court brief opposing child exploitation victims. Last month, the Justice Department asked the Sixth Circuit Court of Appeals to nullify a court-ordered million dollar award to a child sex abuse victim, arguing that the legal standard which resulted in the award is too easy.
Why is the Justice Department arguing for something which the courts of appeal say is unworkable and un-provable, while victims of child exploitation are left with nothing?
Now, just last week, the Fifth Circuit Court of Appeals–at the Justice Department’s urging–decided to reconsider a landmark decision in favor of victims of child pornography. The Justice Department has one more chance to do the right thing and support victims of child exploitation.
Please tell President Obama’s political appointee to the Department of Justice Criminal Division, Lanny A. Breuer, to side with the victim in In re: Amy Unknown in the Fifth Circuit.
When Justice Department attorneys refused to even sit with Amy at last year’s oral argument before the Fifth Circuit Court of Appeals in New Orleans, Chief Judge Edith Jones proclaimed:
“What I don’t understand is why the government has switched sides. They were on Amy’s side in the trial court, were they not? I’m not sure how they can switch sides now and say that the statute doesn’t entitle her to relief. That seems ver–if not duplicitous–very strange to me. And it’s also in derogation of the obvious intent of that provision of the statute.”
Amy and child victims like her need your help. Hundreds of victims are effectively shut-out of the federal courts by the Justice Department’s wrongheaded policy.
Almost 20 years ago, then-Senator Joe Biden promised child victims that they would receive full restitution from criminals convicted of child exploitation. Ironically, Vice President Biden’s own Justice Department is failing to live up to his vision in the Violence Against Women’s Act.
You can help awaken the Justice Department lawyers in Washington with just a few clicks. Amy thanks everyone for their continued support. You can make a difference in her fight for justice!
Rarely has such a flagrant attempt to manipulate public opinion with outrageously deceptive allegations and arguments been attempted. And the comments to the petition reflect this pandering to ignorance.
Why People Are Signing
I do hope that DOJ will support the right of child victims to restitution.
Because they should get restitution. The children had gone through enough.
I HATE CHILD ABUSERS!!
Children need us to protect them!
This seems to be the most important piece of legislation to do the right thing, the victim.
While there’s little chance that these comments will persuade anyone who has even a basic grasp of the issues and problems, who could possibly be so disgusting and disgraceful as to stand up against those who contend that they do it all for the children.
This attempt to pervert the system isn’t merely ethically and intellectually outrageous, but yet another attempt to abuse Amy for the benefit of lawyers and an agenda. Must Amy be perpetually used as a pawn? I’m with Lanny Breuer on this one, enough is enough.
But more importantly, the emptiness of the victims rights advocates could not be more flagrant than this disgraceful attempt to manipulate public opinion. Will Marsh and his ilk not be satisfied until they squeeze every last penny for their client, no matter how many lies they need to tell in the process? Because it’s not like Marsh works for free.
H/T Anna Durbin