June 11, 2008

Treason: President Illegally Thwarted FBI From Monitoring Chinese Spies

Rep. Kucinich presented articles of impeachment against the President. There is more news.

Confronting the Domestic Enemy

The New York Times reports the President gave permission to Chinese spies to wander the halls of Guantanamo, enjoying watching illegal POW abuse:

"Chinese interrogators were permitted to go to Guantanamo"

But there's more to the story.

Thwarting Enforcement

The NYT reports the FBI's General Counsel, when reviewing this illegal torture at Guantanamo, was not given access to critical information, indirectly connected with the Chinese spies.
When the FBI General counsel "asked to read classified legal opinions on torture in 2004, she was refused access, and still has not seen them."

This President illegally thwarted this FBI from monitoring the Chinese spies in Guantanamo, or from seeing what policies and procedures the Chinese observed.

The President refused to allow the FBI's senior legal counsel to see those memos, thwarting
the FBI from ensuring our nation is free from foreign spies, or understanding what they were watching.

Lawyers can't get access. Foreign spies can.

These issues raise important issues not raised in the articles of impeachment against the President. Treason is defined:

18 USC 2381

"whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."

Illegal Orders Cannot Be Obeyed

The treasonous acts of this President must be immediately confronted. Until we learn more, all his orders must be presumed illegal. The Secretary of Defense must issue stand-down orders to the military. The nation must proceed with caution. We are being mis-led by an illegal tyrant.

The President must be confronted through an impeachment investigation and removed from office. Until this President is removed from office, the public must discuss the Nuremberg Trials and new oversight for the United States.

Impeachment as a Legal Strategy

Contrary to some claims, impeachment is a tool to enforce the laws of war, and punish leaders. It is a legislative tool for the Congress to use when the President, as now, refuses to permit law enforcement to prosecute. It is not correct to label impeachment exclusively as a political tool. Impeachment is a legal weapon to put to the throat of tyrants.

Nowhere does the Constitution nowhere say anyone must follow the Congress when the Congress joins the President in a rebellion; or refuses to challenge tyranny. Impeachment is a lawful assault against tyranny. It must be led. This Congress refuses.

Legal Requirement To Impeach

Some incorrectly believe there is no requirement to impeach. Nuremberg was very clear on this point: A civilized nation must either prosecute or impeach. When impeachment is not used to enforce the law, prosecutions must be used, and vice versa:

"Under any civilized judicial system he could have been impeached and removed from office or convicted of malfeasance"

The oath of office is to the Supreme Law, including the Geneva Conventions. The promise is to enforce the laws of war, and keep faith with the lessons of Nuremberg.

Where there is no prosecution, impeachment is required. With neither, we
cannot call ourselves part of the family of civilized nations. Accordingly, we are not obliged to follow this Congress; nor embrace
the fiction a legal challenge is merely a partisan exercise. With this list of abuses, Congressional inaction obliges prosecutions of a sitting President.


State Inaction, Complicity



The requirement is to enforce the Constitution. However, the State legislatures have refused to pass proclamations asking for Congress to investigate. The State attorney generals have refused to prosecute this sitting President, as required under Nuremberg precedents.

The State's leaders, with this Congress and President , are in illegal rebellion, against the Constitution. Where prosecutions and impeachment are thwarted -- as now -- we must discuss new leadership, and new oversight.

No More Abuse

It is irrelevant that there is "not much time" until the President's term is over. This President has committed multiple war crimes, and will not allow the United States to review his illegal activity. Each day he remains in office is one more day of tyranny.

Who supports following this traitor? His loyalty is not with the Constitution. Our loyalty is to neither party: Their loyalty is with tyranny. We cannot choose between the same, nor continue down this path. This must end.

The prize is the Constitution. The illusion is whether partisan gain should justify inaction. It cannot. This President must be arrested. He must be jailed. He must be prosecuted for war crimes. Now.

All foreign powers must revoke their promises to this President to provide any assistance in avoiding a war crimes trial. Foreign powers must end their cooperation with this traitor.

What may or may not happen next week or in an election is unrelated to the legal obligations each of us have to defend this Constitution. Now.

Confront the Senate

The Senate must be forced to confront the evidence, and put their name to their decision whether to remove or not remove this President. The Senators must be required to commit to a decision to side with this traitor; or side with the Constitution. The Senators must be forced to decide. Then commit.

Anyone arguing that Cheney "might" become President makes a frivolous excuse. You cannot use the fear of success in removing a tyrant as an excuse to justify defeat and inaction. That defies reason.

You are implicitly arguing that the Senate might remove the President -- This is only possible if there is evidence warranting removal. Then let the Senate see that evidence and make their decision. Then, the voters can decide whether the Senators should be removed. In an election. As the Framers intended.

If there is evidence warranting Presidential removal and the Senate removes the President, then the same evidence would justify the removal of the Vice President. The Senate will have two chances to prove it remains loyal to tyranny.

Leadership to Confront Tyranny

The substantial work behind the investigations will build on what some have started. The problem is not a lack of evidence, but a lack of leadership to present this evidence to the Senate.

If it will take time, then let us start now. It may take 17 GOP Senators to break ranks. It may also take 300 million Americans to break ranks with the Senate, and support a new system of oversight. We outnumber the rebels in the Senate.

The Constitution remains our only requirement. The speculative outcome of an election has no bearing on our legal obligation today. The voters must have the information:

Are the leaders willing to stand against tyranny with the Constitution; or must the voters discuss a new solution which will compel the leadership to stand against tyranny, as this Constitution and oath require.

It is speculation that there will be nothing else that might go wrong. We have yet to see leadership to confront what is wrong, nor a path to to what is right.

The Framers provided us with the roadmap: The Constitution, and the rule of law over tyrants. Impeachment is a power of Congress; and the Framers reserved the prosecution power to the States.

All powers not delegated are reserved. The Congressional decision on impeachment is not a final decision on confronting this tyrant. That decision of inaction is evidence which can be used against Members of Congress: Malfeasance.

Partisan Gains For Tyrants At Expense of Constitution

The GOP has deluded the DNC to believe inaction against tyranny is good for the election goals of the leadership. No, their factional political goals serve the lesser beast of tyranny; the higher prize is the Constitution, which requires our unwavering loyalty.

The attorneys in office must now explain why the refuse to prosecute. They see the problem. A call to impeach must be matched by a parallel effort to prosecute. We see neither. The Congress cannot be sure it will see our continued support for their illegal rebellion.

The moral high ground demands we start. The excuses not to start today -- on the speculative promise of what may happen tomorrow -- is magical thinking, not leadership nor statesmanship. The Constitution requires something other than magic: Resolve in the pursuit of justice, and the lawful assault on tyranny.

The certainty is the abuse. What is uncertain is why the excuses carry any weight. They are illegal excuses to put something other than the Constitution first, and avoid confronting this Presidents illegal defiance of the Supreme Law.

No one has credibly justified any excuse to avoid finding facts. The House cannot reasonably avoid an investigation on the speculation of what the Senators may or may not do. This would ask that we avoid breathing because the air might be stale. The former is required; the latter is speculative.

The voters will observe whether the Senators -- when confronted with the evidence -- have or have not acted reasonably to protect the Constitution. No one can credibly argue the voters should be abused twice: First with the original treason; then with the excuses not to confront that treason. We are Americans with rights to assert, not slaves cowering in fear. The Framers expect nothing less.

Waning Congressional Relevance

Perhaps you believe something else should be done, believing the Congress has no role. Then make the case the Congress should continue in its present form: Irrelevance. That defies reason. One cannot credibly argue for disorder as if it were speculative. That disorder is Congress and certain. Our job is to confront the Congress. Make the Congress act, otherwise, inspiring us to lead the Congress to a new solution.

Chasing A Lesser Prize At Expense of The Prize

Some suggest "nothing" can be done by way of investigations for the next six months. Indeed, Congress remains in session because they put other things before their primary loyalty to the Constitution. That is an illegal decision. Their agenda is tyranny and a smokescreen to the Constitution.

The Prize is not the White House, but the Constitution. The former is a political goal; the latter a legal requirement. McCellan shows the former has trumped the latter. That must end. Now. To argue otherwise parrots the political excuses of these tyrants. That is not change nor a prize, but tyranny.

Congressional Complicity With Illegal Policies

Our system of government divides power. Congress is part of the policy making. Nuremberg is the precedent to prosecute Members of Congress for refusing to support either impeachment or prosecutions; and for their actively thwarting both. Illegal policies can be adjudicated as war crimes. Note the language in the Nuremberg indictment assigning responsibility to policy makers:

"They were organized according to the Leadership Principle and were
charged with planning, developing and imposing upon their followers the
policies of the Nazi Party."

Congress has sole power through Article 1 Section 8 to raise and support an army and establish rules and policies. They have the power to end funding when the President will not cooperate with oversight. Congress refused.

Illegally.

Congress shares the responsibility for the war crimes and the illegal policies. They were part of the planning, they did develop strategies, and they imposed their decisions on the American public. They were part of the reviews. Working hand-in-glove with the President. McClellan well outlines what this President did. The Congressional inaction on these offenses binds the DNC leadership with the GOP and this President. They are different peas in the same pod of tyranny.

Some have suggested we've seen this before; or that this tyranny will continue; and that nothing will end this. That is not certain. The Framers rejected the status quo because it could not continue. As today. This tyranny must end. Or this US government must be subjected to new oversight. The Framers saw the vision: Free people can protect rights and constrain power. This Congress has lost that vision. It attacks rights and abuses power. We will not silently agree with this tyranny. It shall be confronted. Now.

The power you need to prevail over this tyranny exists. It is inside of you. You have the power to prevail. You have the wisdom to choose between tyranny and freedom; between traitors and leaders; between the rule of law and rule of man. You are free to choose. Reward goes with one; punishment with the other.

You Are Key To Defending the Constitution

You, reading this now, are important in this struggle against tyranny. Never forget that. You have the wisdom to see the wrong; the sense of know the injustice; and the tenacity to see the connection between Nuremberg and this President's rebellion. It cannot go unchallenged. Not by this Congress, nor by anyone. But they have chosen rebellion. He and this Congress are the threats to this Constitution.

Impeachment Investigation Important For Voters

It is premature for the voters to make an informed voting decision. The voters must see leadership gather facts, in public, and convince us they are serious about leadership. Even if the leadership does nothing, that indecision is important. The Congress cannot pretend we didn't do our best. This Congress has not yet done its worst.

The voters have been reminded -- repeatedly -- this crew is not serious. We are not obliged to remain loyal to their rebellion. Our loyalty must be with solutions. The facts will help us understand what is wrong; then evaluate which of the two Senators -- Obama or McCain -- are best poised to confront the facts, and lead us to a solution.

Let the Candidates' Actions Speak Volumes

The Senators must go on the record. They cannot lead us to what is right until they confront what is wrong. They must demonstrate -- now -- as Senators they can embrace the facts, and build to what must be done. Until they show they can lead in the Senate to confront reality, no one should be deluded -- on assertion alone -- to believe either is qualified to lead change. They must demonstrate in the Senate what they would promise as President: Leadership to confront facts and decide what to do.

The voters must see how the two Senators confront these war crimes. Do they stand up for the Constitution and Geneva Conventions; do they attempt leadership; do they discuss solutions and reforms they -- as President -- would be willing to support.

Or do the voters get something else: Excuses not to commit. Vague promises without a commitment. Empty statements about change, but no effort to know what is wrong. The Senators must confront the facts. The House must remove Pelosi. The public must see the Senators wrestle with this problem they have let get out of control: Tyranny.

Changes Has Arrived: The Leadership Must Provide it, or Have It Lawfully Imposed

It is June 2008. This tyranny has continued for too long, and it should never have been given any green light. The voters see the leadership problem. They sense a solution is possible. The question is whether we will work to understand what is wrong, and stand up for what is right. The voters need to know before they are asked to vote. We must find out now, then give the voters time to digest the facts. If they need more time or more information, we will know. The voters have not been silent. They will continue their resounding rejection of this tyranny.

Even if the Congress refuses to impeach, the States' Attorney Generals must explain their decision not to prosecute this sitting President and his enablers in Congress. Where the Congress refuses to act, the States are not obliged to follow that illegal rebellion. The Federal Government has the power to pass laws to compel compliance with the law. It has no legal power to compel any of us -- anyone -- to join in their rebellion against the same.

If it is a foregone conclusion that there will be no impeachment hearings, then we need not wait for Congress. Our job must be to discuss what will be a solution. Either you commit to removing Pelosi and supporting an impeachment investigation; or you agree that the oversight must be changed; or you agree to remain complicit, through inaction, with this traitor.

Choose wisely.


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