Justice Speaks Podcast Episode #56

Prosecutors for Prosecutors – Working to Save Prosecutors’ Lives in Afghanistan

In this episode of Justice Speaks, JSI President David Wallace speaks with the Association of Prosecuting Attorneys’ (APA) President and CEO, David LaBahn about Prosecutors for Prosecutors and the work to literally save the lives of prosecutors and their families in Afghanistan.

The APA and others are working to save those individuals who worked for the Rule of Law in Afghanistan.  This episode is a discussion about the work APA is doing for those prosecutors. The effort is called Prosecutors for Prosecutors. 

About the APA

The episode starts with a discussion about the Association of Prosecuting Attorneys (APA). Founded in 2009, it is one of two national prosecutor associations, the APA and the National District Attorneys Association.  APA focuses on bringing prosecutors and other justice system advocates across the country together to create safer communities for a just and equitable legal system.  APA looks to develop and implement promising and best practices for prosecutors and others, always striving for prosecutorial excellence and doing justice.

APA has created a number of focused programs such as gun violence, human trafficking, child abuse, animal abuse, and domestic violence.  APA has also set a number of committees and advisory groups designed to help lead a number of discussions, such as the role of prosecutors and a prosecutor’s independence to do the necessary work, and ultimately create safer communities. 

Prosecutors for Prosecutors and The Rule of Law in Disrepair 

Prior to the United States leaving Afghanistan, prosecutors, judges, defense attorneys and others worked to establish the Rule of Law in Afghanistan, holding individuals for terrorism, murder, and other crimes accountable for their actions.  At one time, there were approximately 6,000 people working for the Afghan Department of Justice.  They were establishing the basis for the Rule of Law with approximately 60,000 people being held accountable for their crimes, locking up some very violent offenders.  However, with a new regime in power, those who were prosecuted were released from prison and now they are looking for revenge.  Additionally, the Afghan Department of Justice was dissolved.  

After the U.S. left Afghanistan, APA has received hundreds of emails and messages from people “begging for their lives, please save us.”  The messages are from individuals who worked for the Rule of Law, who worked to bring to justice those people who were creating havoc in Afghanistan.  In examining the situation, the APA found that approximately 14 different organizations were working on bringing out various factions out of the country safely.  The best organized one being the U.S. Military.  However, those former justice officials and prosecutors were never U.S. Government contractors and therefore are not eligible under the Afghan Adjustment Act, which is the process to get some people out of Afghanistan. Thus, the Prosecutors for Prosecutors (PFP) campaign was established.

Goals of Prosecutors for Prosecutors

The PFP has set three specific goals.  First, to raise awareness – to get the message out that prosecutors are dying; prosecutors who worked to support the Rule of Law.  Second, to put pressure on the U.S. Government to amend a pending bill, the Afghan Adjustment Act (AAA) and include those who worked for the Rule of Law.  Third, to raise funds to get these individuals out of the country.

Working with others, the APA has identified 3,850 people and created a documented list, former employees of the Afghan Department of Justice and family members who need to be brought out for their safety.  The 3,850 includes approximately 1,500 prosecutors who are under threats of violence against themselves and their families.  At the time of this interview, there have been at least 30 prosecutors killed for doing their work and over 40 attempted assassinations and this is only over a two-year time period.

1.          Messaging for Prosecutors

To lead the work of the Prosecutors for Prosecutors, a Task Force was created.  Made up of experienced and elected chief prosecutors, they have volunteered their time and effort to share the message that Afghan prosecutors are dying and need our support.   The Task Force is also looking at finding jobs for any prosecutors who get out of Afghanistan, and to find ways to raise funds for this program.

2.        The Afghan Adjustment Act

The Afghan Adjustment Act (AAA) is a federal bipartisan bill (S.2327/H.R.4627) that would provide a path to permanent status to tens of thousands of Afghans who were evacuated to the U.S. fallowing the fall of Kabul in August 2021.  However, the bills do not cover those who worked to supported the Rule of Law effort in Afghanistan.  As already noted, they were not U.S. Government Contractors. 

It is anticipated that the AAA is coming up for a vote in the near future in Congress.  It was not successfully passed in a previous effort.  APA and others are working to amend the law and provide special visas that includes those who worked to establish the Rule of Law, primarily prosecutors, judges, and defense attorneys.

3.         Donations for Prosecutors for Prosecutors

A donation page was created to raise funds to get the prosecutors and their families out of Afghanistan.  All told, it is estimated that it will take $15 million to get them all out, which breaks down to $10,000 for each Afghan prosecutor and the accompanying family members. This is not to get them all to the United States, this is just to get them out of the country where their lives are at risk.

Importantly, Mr. LaBahn noted that for every dollar donated for the PFP campaign, 100% of that donation will go towards the effort—none of the donation is for administrative costs.  The APA Board saw the importance of this effort, heard the pleas for help, and approved using APA funds to carry on with the work being done.

To keep track and see how the money is being spent, it can be viewed at: APA-PFF.com under the tab “Transparency.”   The PFP and the APA understand the need to be very transparent with the money being raised.

Other Supporting Agencies  

In addition to the Task Force, a number of other organizations, including State Prosecutor Associations, No One Left Behind, Jewish Humanitarian Response, and the International Association of Prosecutors to name a few of the supporting groups, are stepping up to support this lifesaving effort.

They Matter

A webpage has been created on the PFP website listing those prosecutors and family members who have been murdered.  This is done to honor their sacrifice with the knowledge and support of the surviving family members.  This effort matters, these individuals matter, and this tragedy is happening right now. 

There is also an effort to have a case filed in the International Criminal Court, the ICC. That requires the APA with assistance from the Afghan Prosecutors Association and others to document who has been murdered and why it happened, as well as who is still at risk. This requires that these cases be investigated and evidence found supporting any potential charges.

To get Involved

While the campaign is “Prosecutors” for Prosecutors, anyone who wants to support prosecutors and help save lives can get involved.  The PFP and the APA will take all the support it can get. Whether it is supportive messaging, or speaking with federal legislators, or making a donation, and so much more, it all matters.  It can all make a difference.  

And even those who would rather support more broadly the judges or defense attorneys, in addition to the prosecutors, a separate and broader coalition has been created called the Afghan Rule of Law Coalition for that very purpose.

To Learn More

To learn more about the PFP, where to donate or support the effort, go to:  APA-PFP.org.  To learn more about the APA, go to APAInc.org.