National Guard Must Enforce Arrest Warrants Against Elected Officials Who Refuse To Enforce Laws of War

By testing - July 28, 2008, 1:07PM

American elected officials have refused to investigate, much less
consider evidence of war crimes. This inaction has put the American
elected officials at the state, local, and federal levels in
opposition to the Constitution and their legal obligations. Most, if not
all, elected officials to believe there will be no lawful consequences if they do nothing; or consequences will evaporate after the election. This is an excuse for malfeasance not legitimate government.

This absurd "hearing" before the House Judiciary Committee restricted
private citizens from exercising their First Amendment Right: To openly
call the President what he is -- A criminal. This President is not a
king. The House and Senate cannot reasonably expect the public to dance
around these felonies, avoid calling the President what he is, and not
lawfully confront the elected officials who are in collusion with his illegal activity.

Members of Congress need a lawful wakeup call. They must face the lawful threat of arrest for complicity with war crimes. The Constitution does not make Members of Congress immune to arrest. They can be arrested for treason:

Article I, Section 6: "They shall in all Cases, except Treason,
Felony and Breach of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in going to and
returning from the same; and for any Speech or Debate in either House, they
shall not be questioned in any other Place."

Yet, the possibility that they might be arrested or prosecuted
-- for treason, the felony of conspiracy with war crimes or refusing to fulfill their oath of office -- is meaningless to them and they refuse to investigate. There is only one reasonable conclusion: They are domestic enemies of the Supreme Law.

Let's consider the other view: That any effort to organize the National Guard to arrest members of Congress is an act of treason. Treason requires warfare from an external force, and there is no "foreign" enemy the defenders of the Constitution are aiding. Those involved with the civil war were not engaged in treason.

"To levy war there must be an assemblage of men in a condition and with an intention to [unlawfully] employ force." (Opinion on introducing evidence to Burr Trial on Treason, 8 U.S. 470, 1807)

National Guard units, by their definition, are domestic militia, under control of the governors, and charged to use force to defend the Constitution against domestic enemies. The question turns on whether the President, to thwart enforcement of the Constitution, illegally federalizes these national guard units.

Here, the issue isn't whether there is force to overthrow the government, but whether the force is lawful to enforce the law and defend the Constitution. Treason cannot possibly mean the use of the national guard to enforce arrest warrants against domestic enemies of the Constitution. Such a charge would absurdly have outlawed the use of national guard units to to enforce the Supreme Court orders banning state-level school segregation.


Let's turn our attention to Congress. The question is whether this President and elected officials have or have not waged war against the United States. Treason is

"only in levying war against them,
or in adhering to their enemies, giving them aid or comfort."

One question is whether he refusal to enforce the laws of war,
FISA, or breaches of the FISA statute, or complicity with war crimes
amounts to a felony. Arguably yes, satisfying the requirement in the
Constitution permitting arrests of Members of Congress.

Treason does not require an overt act of supporting hostile military forces against the United States. Treason and misprison of treason relate to efforts to subvert the government:

"The person who procures treason
to be committed, who plots some project to subvert the government, who
advises, who hires, who counsels, who commands, or who abets a project
to subvert the government, is a traitor according to that common law." (US v. Burr,25 F. Cas. 55, 1807)

A failure to investigate the President for war crimes could be be misprison of treason; or an agreement to not disclose evidence of treason. The President has illegally used military force to subvert the United States government:

A. Used active duty combat forces, civilians, and government resources
to disseminate unlawful propaganda to mobilize the nation for illegal
warfare, absent the required imminent threat;

B. Illegally used military force to detain civilians in violation of habeas to intimidate a civilian population from confronting his illegal activity;

C. Illegally using the NSA to violate FISA and violate our rights and the Constitution during wartime, despite FISA applicability during wartime;

D. Domestically used military forces to intimidate the public and elected officials and thwart enforcement of the laws of war through investigations;

E. Deployed CIFA personnel to thwart oversight of the United State government, and

F. Domestically used military forces, NSA, and combat forces to collect intelligence to support an illegal policy of intimidation and induce Members of Congress not to enforce the laws of war.

State governors require compelling evidence to arrest Members of Congress for treason, waging war against the United States, and felonies For example, one extreme example -- to avoid any action -- is the claim that any confrontation with Congress is laughable. Those justifying inaction might suggest it is "laughable" the Congress "knew "the President and others waged war against the United States in the attacks of 9-11, but have aided him in thwarting complete investigations into these attacks against the United States.

Something must remedy this lawlessness, and continued spiral into
illegitimacy: Where written law is no longer universally enforced.

Regardless the legal theory used to justify the lawful arrest of Members of Congress for collusion with the President on war crimes, FISA violations, and violations of the Supreme Law, the current condition is unacceptable:

A. Illegal activity is not getting investigated;

B. The President faces no prospect of an impeachment investigation, as the Framers promised in Federalist 77 ["his being at all times liable to impeachment"]

C. The Members of Congress have not timely conduct an investigation of war crimes or impeachable offenses;

D. The Supreme Law has not been enforced; and

E. The Constitution, with Member of Congress agreement, is seen as inapplicable to the United States Government and this President.

This is unacceptable. Other than hoping Congress cooperates with their legal obligations -- which they show they are not willing to do -- there is no credible plan to defend the Constitution with credible legal consequences.

Lawful arrest warrants for Members of Congress felonies must be on the table.

State Governors have the lawful authority to declare a state of emergency; work with the courts to secure arrest warrants; and use lawful force to detain, arrest, and deliver to a magistrate Members of Congress.

State Governors, national guard units, and judicial officers must work
together, process arrest warrants, and have them lawfully served on
Members of Congress.

The allegations for the arrest warrants for members of Congress link with their oath of office, and include:

1. Collusion with the President in unlawful warfare, a war crime;

2. Conduct breaching their legal duty to defend the Constitution against domestic enemies;

3. Active cooperation with efforts to thwart investigations by members of Congress into Presidential war crimes;

4. Treason, fraud, and malfeasance in aiding domestic enemies of the Constitution; and

5. Unlawful assent to illegal executive and legislative orders to not investigate violations the Constitution, oath of office, Geneva conventions, and Supreme Law.

The American public must support their national guard units in lawfully
enforcing arrest warrants against elected officials who refuse to
support, defend, and protect the Constitution against these domestic
enemies in Washington, DC.

It is not a lawful order for the President to direct anyone in the
National Guard to refuse to enforce the Constitution, or avoid lawful
state governor orders requesting lawful assistance to process arrest
warrants against Members of Congress.

The National Guard oath of office does not permit following illegal orders of the President:

"I, (Name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of (State Name)
against all enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; and that I will obey the orders of the
President of the United States and the Governor of (State Name) and the orders of the officers appointed over me, according to law and regulations. So help me God."

The National Guard has the lawful authority to suppress domestic rebellions, and enforce the orders of the Governors against domestic enemies and traitors.

The American government refuses to enforce the laws of war. Arguably, these are act of treason. National Guard members take an oath to the United States Constitution to defend the Constitution against domestic enemies.

State governors are lawfully permitted to organize with other state governors to jointly apprehend, seize, detain, arrest, and deliver to the courts Members of Congress, and other state-connected officials. The Supreme Court has decided this issue, and well provides a wealth of guidance for your state attorney general, national guard unit JAGs, and Governor legal counsel:

"In view of these provisions of the Code of Georgia, we hold that the
notary public before whom the affidavit in that state was made may be
regarded as a magistrate within the meaning of 5278 of the Revised Statutes of the United States. Such, it must be assumed, was the view of the governor of Alabama when issuing his warrant of arrest under the authority of that statute." Compton v. State of Alabama, 214 U.S. 1 (1909)

Once arrested, and not available for service in government, the State legislatures and governors may lawfully declare that seat vacant in the Congress, and appoint a new Member of Congress.

There is no excuse for inaction. There should be no debate to consider what the Members of Congress might not support. They've had their chance to dabate. Their decision is to support, with inaction, war crimes and violations of the Supreme Law.

No American should come to the defense of the traitors in Congress. Rather, Members of Congress, having been lawfully detained and arrest for alleged treason, must make their case.

A. Why is their detention unreasonable?

B. Why is their arrest unlawful?

C. Why is their replacement illegal or in violation of the law?

D. What evidence do they have to refute the charges against them?

D. What is their plan to show they have fully asserted their oath of office to enforce the laws of war?

Senators Obama and McCain -- one of them -- are the most likely next President. Imagine on their inauguration day one of them is sitting in jail because they've been charged with treason, and not demanding investigations of the United States' Government war crimes.

The governors must prepare transition plans, and identify replacements
for Members of Congress lawfully arrested, detained, and brought to
trial.

What You Can Do

The American public must rise to the defense of this Constitution, and lawfully work with available national guard units to enforce arrest warrants against Members of Congress and other state and local officials:

1. Contact your State Attorney General, and State Governors to seek their comment on discussions of using the National Guard to arrest Members of Congress who are in collusion with the President.

2. Contact your National Guard units in your local districts, cities, and municipalities. Ask them what their commanders and legal advisers with the Judge Advocate General have said regarding the use of their units to enforce arrest warrants against your state's elected officials at the local, state, and federal level.

3. Identify nominees for your state governors to consider to replace the alleged traitors in Congress.

4. Work with your friends in your communities to remind your local elected officials they must take their oath of office seriously, support investigations, or they could be lawfully charged with complicity with war crimes and treason.

Comments

Strategically, it might be more effective if all those interested in seeing this through begin by focusing on one state, contacting that state's AG, Governor, State House and local national guard.

This is just to get the ball rolling. A collective focus on one state or one politician, John Conyers for example, to create the initial spark.

Power is often the result of well-organized momentum.