- - by Val W. Finnell, MD

roject Exile is a program that started in 1997 as a joint project between the United States Attorney's Office, BATF, U.S. Marshal, FBI, and local authorities in the Richmond area.
Plagued by violence and liberal judges who let criminals off the hook with light sentences, the United States Attorney's Office, in conjunction with local authorities, have taken it upon themselves to prosecute all felons with guns, gun/drug, and gun/domestic violence cases in federal court.  Stiffer sentencing guidelines and bond rules are the ostensible reasons for starting Project Exile.

According to a report from the Justice Department, "Project Exile is named for the idea that if the police catch a criminal in Richmond with a gun in a crime, the criminal has forfeited his right to remain in this community, the criminal will face immediate federal prosecution and stiff mandatory federal prison sentences (often five to ten years), and will be 'exiled' to federal prison for five+ years."
The program has come under recent scrutiny because of Constitutional issues.  In an October 7, 1998 editorial in "The Washington Times," a federal judge remarked that Project Exile is a "major incursion into the sovereignty of Virginia."  More recently, a front page article in the Fairfax Journal stated  that other federal judges are complaining that Project Exile is flooding "federal courts with small-time local crime."
U.S. District Judge Richard L. Williams has taken his complaint to Chief Justice William H. Rehnquist stating, "Not only does this [Project Exile] do violence to the concept of federalism, the cost to national taxpayers is at least three times more" than it would be without the program.
If the U.S. Attorney's office and other officials would read the Constitution, they would quickly discover that Article I, Sec

tion 8 (dealing with the enumerated powers of Congress) does not delegate any authority to the federal government for crime control.  This has always been a state matter.
Chief Justice Rehnquist agrees.  The Chief Judge has made public statements over the last several months that he is concerned about the growing tendency to federalize more crimes.  He also echoed Judge Williams' comments that the federalization of crime is destroying federalism.

A central feature of Project Exile is the reporting of "illegal guns" to authorities.  The City of Richmond has a bus painted black with the words, "An illegal gun gets you 5 years in Federal Prison.  Project Exile.  Report Illegal Guns 780-1000."  Additionally, thousands of business cards with the same message are being circulated as well as billboards.
This brings us to a key criticism.  How does one know that a gun is "illegal?"  Such advertising can only lead to citizens being conditioned to report any gun that they would see.  They simply would have no other way of telling if a gun was legal until the proper authorities have been called in to investigate.  This brings us to what the police are being trained to do under Project Exile.
The police are being issued wallet cards that instruct the officers to ask the suspect if he "uses drugs."  It goes on to say that "most suspects will deny dealing but readily admit using and that's all we need to make a federal gun case."  On the reverse of card is a list of federal gun possession crimes including:
  1) Carrying during drug possession
  2) Convicted felon (state or federal)
  3) Fugitive who has fled another state
  4) Under indictment for a felony
  5) Subject to a restraining order
  6) Drug user or addict
  7) Mental defective
  8) Illegal alien
  9) Dishonorably discharged
10) Prior misdemeanor of domestic
violence
11) Obliterated serial number

12) sawed-off weapons
13) Stolen gun (if defendant knows)

As you can see, it took the federal government no time to implement the Lautenberg misdemeanor crime of domestic violence prohibition.  Now, one can be sent to federal prison for five years for having a remote conviction of domestic violence on their record.  The state court will be bypassed entirely.

Project Exile has come under attack for its implementation in minority neighborhoods.  Richmond defense attorney David Baugh told the Fairfax Journal that Project Exile is illegal because it affects blacks almost exclusively.  The federal judges have agreed with this assessment.
It is not too difficult to imagine being harassed just because of one's skin color.  A law-abiding black male may get reported on the Project Exile hotline for carrying his handgun openly.  The police swoop down on this man, do a background check, and finally release him after he has proven his innocence to the cops.  So much for probable cause and presumed innocence.

The federal government wants to expand Project Exile across the United States.  Philadelphia may be the next city to be targeted.  This would undoubtedly increase the budget and manpower of the FBI and BATF.
As you can see from the list of offenses that the Richmond police carry, there is a host of things that the federal government can prosecute someone for, including misdemeanor offenses.  All that would be required is to expand the list of people who are forbidden to possess guns. Guns would not have to be banned.  People would be banned from possessing guns.  A federal police force would enforce these laws with the help of local law enforcement.  Only approved people would be allowed to have guns and would be subject to inspection after an anonymous

(See PROJECT EXILE on page 3)