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George Andrew Benavides v. William P. Barr, Attorney General, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-51131 · judgment March 17, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Espionage Act of 1917 was intended to prohibit interference with “Military” operations or recruitment, to prevent insubordination in the military, and to prevent the support of United States enemies during wartime. In order to invade the privacy or civil rights of an American citizen, a federal judge must have probable cause to issue the rights of a federal agency to spy, eavesdrop or wiretap an American citizen. 18 U.S.C §119. The Fourth Amendment of the United States Constitution, prohibits the right of the people to be secure against unreasonable searches and seizures. The United States Constitution also protects an American citizen from Torture or Treason. 18 U.S.C § 2340A, 18 U.S.C § 2381. The questions presented is whether the United States Navy/USN had legal consent to spy on me while serving in the United States Marine Corps/USMC during the Gulf War and why wasn’t the spying terminated and removed when my career ended in the military? Did the lower courts neglect to hear this case based on the preponderance of the evidence and beyond a reasonable doubt that in fact a federal crime has been committed and a civil tort is this aftermath? When is my freedom going to be restored and the torture going to stop? U.S Const. Amend 14

Counsel of record

For petitioner
George Andrew Benavides

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
20A78

Proceedings

  1. Nov 09 2020
    Rehearing DENIED.
  2. Nov 02 2020
    Application (20A78) denied by Justice Alito.
  3. Oct 22 2020
    Application (20A78) for temporary restraining order, submitted to Justice Alito.
  4. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  5. Oct 09 2020
    Petition for Rehearing filed.
  6. Oct 05 2020
    Petition DENIED.
  7. Jun 17 2020
    DISTRIBUTED for Conference of 9/29/2020.
  8. Jun 12 2020
    Waiver of right of respondents Barr, Att'y Gen., et al. to respond filed.
  9. May 07 2020
    Petition for a writ of certiorari filed. (Response due June 15, 2020)