LadyBroadoak Visionary Planetary Healing Tutorial: WAR CRIMES DOSSIER: reasons to remove Nancy Pelosi, Part II

June 12, 2008

WAR CRIMES DOSSIER: reasons to remove Nancy Pelosi, Part II

Exploring Constitutional Language On Pardons of Presidents

Arguments:

1. Constitutional Language Restricts President's Pardon Power if House Starts An Impeachment; and

2. The Pardon Power of the President is not constrained only if there is a Senate Conviction.

This comment points to language in the Constitution showing the Framers:

A. Intended for the House to thwart the President from granting pardons;
B. Made an important distinction between impeachment proceedings started by the House, and the trial phase with judgment in the Senate on issues related to the Pardon;

C. Intended to place in the Constitution an inherent power of the House, regardless the Senate Action, to deny the Executive of any prospect of a pardon.

Let's accept the Supreme Court's view that Congress may not, by statute, affect a pardon. We accept for discussion pardon is unreviewable, but this does not help the President. The Court concludes the Constitution is the source of the limitation, if any:

"We therefore hold that the pardoning power is an enumerated power of the Constitution, and that its limitations, if any, must be found in the Constitution itself." [ Schick v. Reed, 419 U.S. 256 (1974) ]

Exploring the Constitution

Let's compare two sections of the Constitution discussing impeachment and pardons: Article I Section 3; and Article II Section 2.

Argument:

There is language in the Constitution distinguishing between "case of impeachment" and "judgment":

Judgment in Cases of Impeachment shall not extend further than to removal from Office

A I, S 3

One way to interpret this clause is to say, the Framers intended for the "Case of impeachment" -- the proceeding, started by the House -- to be distinguished from and different than the Judgment in the Senate.

Going back to Article II, the framers repeated the language of "Cases of impeachment", but does not mention, "Judgment". That omission is important:

"[H]e shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

A II S 2

The Framers clearly distinguished in Article I Section 3 between

"judgment"

and

"cases of impeachment"

This suggests one way to interpret the Constitution is the House, by starting an impeachment hearing and trial, could prevent the President from enjoying a pardon.

Article II repeats the language of Article I, meaning the House -- by starting an impeachment proceeding -- denies the President of a pardon.

Had the framers want to permit the President to enjoy a pardon for offenses against the Constitution, the Framers would have delegated a power to the Senate to trump the House; and included express language in re the pardon, "Except in judgment for impeachment."

There is no word "judgment" in Article II meaning, the distinguishing language in Article I defines the pardon power as permissible, except when the House starts an impeachment ["cases of impeachment"].

Any effort to grant a pardon to President Bush after any impeachment proceeding -- regardless the judgment of the Senate -- would be unconstitutional.

The Speaker and President must argue their legal theory to justify no removal, investigation, or Impeachment. However, it is for the House to decide through legislative debate, not for the Speaker to assert, what the Constitution means on this inherent House power of "denying a President any chance of pardon through an impeachment proceeding."

The above is not intended to be a definitive assertion of what the Constitution says or means. Rather, it is the job of the Speaker and President to argue their case, view, legal position before the House and the Senate.

This is a power of the House which the Speaker and President have jointly attempted to thwart the House from discussing, reviewing, debating, or asserting. The House is not obliged to embrace the Speaker or President's views; the House has the power to challenge the Speaker and say,

We would like to act as an independent body, unconnected from the SEnate, and not pressured by the President.
We in the House would like to investigate, review the facts, and let the Speaker and President justify why we should not deny the President a pardon; and why the Speaker should not be removed.

When we gather the facts, we can make an informed decision:

A. Do we charge the President with a crime; and

B. Do we declare the Speaker's position vacant.

Only the House, not the Speaker or President, has the power to decide the above.

Indeed, this has not been tested. We've never had a Speaker make excuses for a President who ignored the Constitution and defied the Geneva Conventions. The way forward is not to throw this to the winds and say, "We have other things to think about." The agenda must be the Constitution, not the partisan smokescreen of fear of division.

The Framers intended there to be division; division challenges tyranny. This Speaker and President fear division because it is a threat to their assertions. They are antithetical to what the Framers intended: Challenges to power.

The answer is to respectfully put the question to the Speaker, in the form of a proclamation declaring her position vacant, and ask her:

Why is she not making the President do the work, make the defense, and argue the Constitution says something in his favor?

The answer is for the House to debate, not for the Speaker or President to declare, "That question is off the table."

No, the Constitution is on the table, and the Speaker and President have not addressed the question: The Constitution.

Let's stop making the President' argument for him. It's time to make the Speaker maker her argument: Why does she take a view of the Constitution that favors the President; but when it comes to the Constitution itself, she puts her party above the Constitution.

The courts have ruled that the language about "pardons" is derived not by the government, but form the Constitution. Pelosi is ignoring the Constitution; but doing what the Framers did not intend: For one faction or one branch to dictate how the Constitution will or will not be interpreted.

The Constitution -- not the Speaker -- says what the President, the House, and the Senate do or do not have by way of power. The Speaker is doing what the President has done with Iraq: Unilaterally asserting a foregone conclusion, sticking to that conclusion regardless the facts, and mandating her view of the law trumps the House, the Senate, and the Constitution. McClellan warned us of this.

That is tyranny, and it must be challenged by removing her as Speaker. The President and Speaker must be confronted for their joint decision to put their decision and agreement before the Constitution. The House is not obliged to accept either decision.

Nor are We the People.

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~ What must be done next ~

Website: http://www.MoveToAmend.org Mission: We, the People of the United States of America, reject the U.S. Supreme Court's ruling in Citizens United, and move to amend our Constitution to: * Firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights. * Guarantee the right to vote and to participate, and to have our votes and participation count. * Protect local communities, their economies, and democracies against illegitimate "preemption" actions by global, national, and state governments. Company Overview: On January 21, 2010, with its ruling in Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations are persons, entitled by the U.S. Constitution to buy elections and run our government. Human beings are people; corporations are legal fictions. The Supreme Court is misguided in principle, and wrong on the law. In a democracy, The People rule.

Proposed change to the US Constitution

We the People

I. Powers and Rights Reserved To We the People, Never Delegated or Violated Without Consent

A. The People are expressly defined as human beings and does not refer to corporations or contractual relationships.

B. No contract, agreement, or promise may ever bind any human to refuse to enforce the law, or prohibit them from speaking on matters of public interest.

C. We the People may believe anything, including the possible belief that this Constitution must be discarded and replaced with a superior document which defends the People and protects their power to enforce this Constitution against the Government.

D. The People are educated to apply the lessons of history to ensure rights are preserved, power asserted, and this Constitution is protected from domestic and foreign enemies.

E. The People have the enforceable right and power to review any public document and access any public official.

F. The People have the enforceable right to engage in any speech, communication, or discussion on issues of war crimes, government incompetence, or allegations of reckless government planning and maladministration.

G. Government officials, agencies, departments may not invoke any power or right they have denied to the People.

H. The People have the right to affordable housing. Where none is available, the government is denied the power to prosecute anyone for not living in a home, or residing in a public park, open forest, or public lands.

I. The People have the enforceable right to freely travel, without questions, and without delay. Any law enforcement officer, agents, or contacted security official who uses any ruse, scheme, or deception to engage in pretextual stops shall be enforced as a violation of this Constitution.

J. The People have the enforceable right to compel govenment officials, contractors, and securty personnel to identify themselves, disclose their policies and procedures, and respond to complaints about violations of this Constitution, the Supreme Law, or laws of war.

K. The People may not be subject to any electronic surveillance except on probable cause and a warrant before a judicial tribunal. The President, Congress and others are expressly denied the power to enact, create, use, or rely on quasi-judicial tribunals to self-certify warrants to conduct surveillance.

L. All denied powers to the US Government in this Constitution are reserved to the People to be used to defend the Constitution.

II. Powers and Rights Reserved to States

A. States shall have authority to enforce any law within their jurisdiction. Failure to enforce the laws of war shall be prosecuted as a war crime.

B. States shall, when the Federal Government refuses to enforce the Constitution or Supreme Law, enforce the national and international law against contractors, legal counsel, state or US government officials.

C. Any state may start impeachment investigations or proceedings against the President, Member of Congress, or US government official on issues of international laws of war, domestic rebellion, or violations of the Supreme Law oath of office, or Geneva Conventions. The States shall, upon receipt of an impeachment investigation or conviction from any other state, shall within 10 days debate that resolution. If convicted by 2/3 of the States, that US government official shall be removed from office. Any effort to thwart State efforts to enforce the US Constitution through impeachment investigations or impeachment proceedings at the State level may be construed as a subsequent violation of this Constitution and laws of war.

D. The States may, without notice, organize themselves to collectively defend this Constitution from the domestic enemies in the United States government. The States Governors have the standing power, right, and authority to use deadly combat force to enforce this Constitution against US government officials.

E. A failure of any State official to enforce the laws of war shall be subject to a war crimes trial within 90 days of discovering that evidence. Where there are credible allegations of war crimes, a failure to investigate shall be construed as a subsequent war crime, punishable by the death penalty.

F. States have the power to enforce contract obligations between contractors and the US government which affect the rights of their State citizens. Failure to enforce these contractual obligations against the contractors or US government could be construed as a subsequent violation under the laws of war and US Constitution against legal counsel, state officials, or court officers.

III. Independent Branch

A. All US government, contractor-provided, and legal counsel data shall be retained in an independent branch.

B. The President, Congress, and Judicial branches have no power, right or claim to not fully fund this Independent Branch.

C. The Independent Branch conducts electronic surveillance of the US government, stores that data, and ensures there are independent, safe, retained records of all US government transaction, including conversations and memos between legal counsel and government officials. Once created for the government or connected with any legal or illegal activity, these records are public records.

D. The data may be seen only upon a showing of reasonable belief or suspicion by the United States Congress, Court, or Executive Branch that the information may be useful in enforcing the Constitution, Supreme Law, or Geneva Conventions.

E. Private citizens may view any data, unless the US government provides sufficient, detailed evidence why that request for information should not be met for bonafide, lawful secrets. Any effort to hide evidence behind a claim of "state secrets," where that claim is linked with an effort to bypass the Constitution, oath of office, Supreme Law, or laws of war may be punishable by the death penalty.

F. All government data belongs to the People. Any legal counsel working for the US government shall ensure that the People's right to reliable information is protected. A failure to protect this information could be construed as a war crime.

IV. Prosecutorial Branch

A. All prosecutorial options are denied of the President.

B. The Prosecutorial branch has the power to raise independent combat power, support them, and may lawfully use that deadly combat force to confront Members of Congress, the Judicial Branch Officers, or the Presidents upon showing of probable cause for war crimes.

C. The prosecutorial power is the exclusive power of the prosecution branch. However, anyone may make a claim of illegal activity, and enforce the laws of the United States and States respectively. Any effort to block anyone from unilaterally attempting to enforce the laws of war through discovery, investigation, and open discussion of those alleged war crimes shall be construed as a possible subsequent offense under the laws of war.

D. Legal counsel are subject to public review, audit, and can be required, with fair notice, of a requirement to demonstrate before any court their compliance with the laws of war.

E. Legal counsel may be denied authority to conduct discovery during any investigation when that discovery is linked with efforts that would thwart war crimes investigation, enforcement of the Supreme law or Geneva Conventions.

V. Judicial Branch

A. The Judicial Branch is above the Legislative Branch and Executive Branch only in order of precedence. The Judicial Branch is a co-equal branch, and closest to the People and Constitution. It is least responsive, and most slow to the People's daily interests to enforce the Constitution and Supreme Law or Geneva Conventions.

B. Where the Judicial Branch does not timely enforce the Constitution, Supreme Law, or laws of war, the States and People retain the power and right to investigate and prosecute allegations of US government illegal activity, war crimes, or violations of the Supreme law.

C. All precedents under the laws of war are binding on the Judicial Branch, US government, and the People through enforcement actions.

D. Any decision by any judicial officer not to fully enforce the laws of war, Supreme Law, or this Constitution may be construed as a war crime, subject to the death penalty.

VI. Legislative Branch

A. The Legislative Branch is listed after the Judicial Branch because it is less responsive to the People.

B. The Members of Congress may be stopped between sessions and held to account for their failure to enforce the laws of war.

C. Refusing to investigate or impeach the President, Judicial Officers, or any current or former US government official for alleged war crimes, maladministration, illegal warfare, or other crimes against the People, States, or US Government shall be prima facie evidence of an intent to not fully assert ones oath of office, and punishable by the death penalty under the laws of war.

D. There are three chambers to the Congress. The Senate and House have a legal duty to fully enforce the laws. Any decision to not timely review evidence of impeachable offenses, or not investigate war crimes or maladministration could be construed as subsequent offenses under the laws of war.

E. The Superior Chamber shall decide, before any debate, whether the proposed bill is or is not Constitutional. This determination is subject to approval, challenge, and rejection by the People, States, and Judicial Branch.

F. The Congress is denied the exclusive power to make rules. Any rule which prohibits any investigation into alleged malfeasance in re the laws of war, Supreme Law, or oath of office is illegal, and may be construed as a subsequent offense under the laws of war.

G. The Congress shall comply with public audits, and timely provide within 45 days of an audit report a statement of remedy, and outline a plan within 90 days to fully comply with all legal obligations under the Statute, Supreme Law, oath of office, and laws of war.

H. The Congress may raise and support an army, and independently order that army only against the President when the President refuses to enforce the laws of war, or comply with his legal obligations under this Constitution.

VII. Executive Branch

A. The Executive Branch is led by three Presidents, co-equal with non-overlapping jurisdictions. The Executive Branch has one power: Executive Power. All actions taken under that one power are lesser authorities not powers. The Executive Branch has no power to create new powers or assign itself broader power.

B. The Executive Branch is listed last because it is the least responsive to the People, and the greatest threat of tyranny to this Constitution. The President is a clerk, not a King or Emperor. The President only manages programs. The President has no power to ignore, rewrite, or refuse to enforce the law. Each of the three Presidents shall have an ongoing requirement to demonstrate to the People and States and Congress and Courts compliance with the Constitution, Supreme Law, oath of office, and laws of war.

C. The Domestic Affairs President is responsive to the States and US Government on internal affairs.

D. The Foreign Affairs President shall have exclusive power to interact with foreign powers. The Foreign Affairs President is denied any power to violate the laws of war, or use covert activity against American citizens.

E. The Executive Branch, Congress, Judiciary, and Foreign Affairs President are denied the power to thwart any lawful State action to organize with foreign powers and agents to defend the US Constitution, enforce the laws of war, or protect the rights and powers of the People and States against domestic encroachments by the US government, legal counsel, or other US government officials.

F. The Commander in Chief shall only have power to lead combat operations during war time. Congress shall conduct ongoing, public reviews whether the Commander in Chief is or is not competent in managing combat operations. The Presidents and Commander in Chief are denied the power to prohibit Congress from using electronic surveillance or use separately raised and supported armies to conduct this oversight during wartime and peacetime.

G. The Executive Branch is denied the power to block anyone from getting access to illegal activity related to the laws of war.

H. During Peacetime, the Commander in Chief shall periodically cooperate with ongoing Oversight of US combat forces to ensure they are combat ready, fully trained on the laws of war, and prepared to lawfully be used to defend the Constitution against foreign and domestic enemies.

I. The Executive Branch and Presidents and officers, agents, contractors, and personnel are denied the power, right, or authority to order anyone to ignore any statute, law, legal requirement, or obligation under the Constitution.

J. The Executive Branch has no power or authority to directly contact the Legislative Branch by name. The President may only request, not order other branches of government. All Communications between the Executive and Legislative Branch shall pass through the Prosecutorial Branch, and retained in the National Archives. Those records are available for public inspection at any time. The People have the enforceable right to compel the Executive Branch, Legislature, and Judicial Branch to produce documents.

K. The Executive Branch, Congress, Judicial Branch, and Prosecutorial Branch, and States are denied the power to wage warfare, information warfare, or harass American civilians through his agents, combat troops, or third parties in the United states or from overseas. Any funds used for this illegal purpose belong to the People and States. Contracts used to enforce, compel, or organize this illegal activity are not enforceable, and contrary to public policy.

L. The Presidents are denied a presumption of competence until proven. The President shall always have the burden of proof, and is expressly denied a presumption of good faith until demonstrated with overwhelming evidence in public. An election result is not proof of competence nor does it satisfy a presumption of good faith, only of mastery to win an election through legal or illegal methods and deception.

M. The Executive Branch and Presidents and subordinate agency head, contractor, and employees are expressly denied any assurance any conversation he has related to illegal activity, war crimes, unlawful acts, or other threats to the US Constitution shall remain secret behind any shield, scheme, agreement, or technology. Any order a President or anyone gives to anyone to hide, destroy,not provide, or conceal evidence of illegal activity may be construed as a subsequent war crime, punishable by the death penalty. This restriction against following illegal orders may not be bypassed by claiming the order was from a non-person, electronic device, or other non-Constitutionally recognized entity, database, policy, guide, or other document.

N. The Presidents are denied the power to use any combat force, technology, or other military weapon or plan against American civilians, except in cases of internal rebellion which only the Congress shall approve in writing. When the Congress fails to act, or abuses its authority, the State Governors may lawfully use deadly combat force to detain and enforce the laws of war prohibiting illegal use of force against American civilians.

O. The Presidents are denied the power to induce any civilian to take any action that might deny them on any Geneva protections as a civilian. Any order, ruse, scheme, propaganda, or unreliable information to induce anyone to wage war, information warfare, or any action to harass civilians is punishable by the death penalty, and may be enforced as a violation of the laws of war.

P. The President, when delegating any power to any agency head, agrees that that agency shall be organized as if it were a separate, lesser, and not coequal branch. Those agencies shall fully cooperate with the other branches of government to ensure power within the branch or department is divided. There is no single agency, division, or office in the Executive Branch that is beyond ongoing oversight by the other four branches.

Q. The President shall have no power to block the Congress, States, Judiciary, Prosecutorial, and Independent Branch from a having co-equal status to oversee, manage, and organize that lesser branch. If the President refuses to substantially comply with that requirement, Congress may not lawfully provide funding for that agency, and the funds return to the States and People.

LadyBroadoak Visionary Planetary Healing Tutorial

June 12, 2008

WAR CRIMES DOSSIER: reasons to remove Nancy Pelosi, Part II

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