Congresswoman's Response to Constituent Leads to Redress
Drake is asked to fulfill her role in prosecuting law enforcement matter
Background of the correspondence below:
Dr. Ed Bender of Cheriton, Virginia e-mailed us a copy of a
letter
he sent to Resident Agent Richard M. Perry in Charge,U.S. Fish and
Wildlife Service, Office of Law Enforcement in which Bender wrote:
" I bring your attention to the fact that the National Marine
Fisheries Service [NMFS] is now unlawfully conducting a pound net study in
the Virginia's Chesapeake Bay in violation of the Endangered Species
Act and the Lacey Act. I wish an immediate investigation into these unlawful
acts of the NMFS. I am now preparing a motion for injunctive relief in the
Norfolk Federal District Court which will take several more days to
complete."
Bender sent a copy of his letter to Perry to the Honorable Thelma Drake. The
Congress Woman responded to Bender's e-mail as follows:
Office of Congresswoman Thelma Drake
4772
Euclid Road, Suite E
Virginia
Beach, Virginia 23462
(757)
497-6859
(757)
497-5474 Fax
www.drake.house.gov/
June
21, 2005
Mr. Edward H. Bender
21304 Pineview Road
Cheriton, VA 23316-2050
Dear Mr. Bender,
Thank
you for contacting me for assistance.
Due to the separation of
powers under the U.S. Constitution, as a Member of Congress it is both illegal
and unethical for me to become involved in legal matters. This includes
criminal or civil litigation, appeals or any other matter that falls within
the jurisdiction of the judicial branch of government.
I
suggest you consult with an attorney that has jurisdiction over this matter to
gather information on your options of redress.
It
is an honor to serve as your Congresswoman. Please feel free to contact me
again, if I may assist you in the future.
Sincerely,
(sgd.)
Thelma
Drake
Member of Congress
TD/cw
After reading the Congresswoman's email to him it appeared to Bender that the
Congresswoman or someone in her office misunderstood the purpose of his his
correspondence to her and Dr. Bender sent the Congresswoman the following
correspondence to clarify the intent of his correspondence to her.
Dear Congresswoman Drake,
Thank you for your kind response to my Email. It seems that you have
mistakenly construed my copy to you of the complaint I sent to Resident Agent
Richard M. Perry in Charge U.S. Fish and Wildlife Service, Office of Law
Enforcement as a plea for personal assistance.
To the contrary, you in replacing Rep. Edward L. Schrock are one of the
Congressional Members Representing the Office of Law Enforcement in Virginia
and have the duty as such to become involved in the
enforcement of federal laws in Virginia.
I do not expect you to assist me in my personal legal quest for relief in this
matter nor do I need your assistance in my personal quest for relief. I have
brought this matter to your attention for reason of the conflict of interest
that could occur in the prosecution of federal crimes that may have been
committed in this matter. In that I have been the plaintiff in a suit against
the U.S. Sec. of Commerce for the past two years and the U.S. Justice Dept.
attorneys are reprehensive in defense and it appears to me that if I win this
case and I fully intend to do so pro se without the help from anyone that the
prosecution for federal crimes that may have accrued in VA would be
conflictive to the U.S. Justice Dept. Attorneys can't wear both the hat of
defense and prosecution in the same case, therefore, it seems that this case
may go before a special grand jury and a special prosecutor may be needed, this
comes under the Congressional purview of appointment.
Again, my copy of the Email to Perry sent to you was not a plea for assistance
but was intended to bring you up to speed in this very serious law
enforcement matter that that you have a duty to prosecute. Thank you for
your kind consideration in this matter.
Edward H. Bender.
