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If it's more than 30 minutes old, it's not news. It's a blog.

Tuesday, February 21, 2006

NSA Hearing: DNC ranking member on Intelligence Committee can trigger IG audits

The new President needs to fire the DoJ and NSA Inspector Generals. They are not reliable and have not credibly asserted their power.

The White House and RNC arguments are absurd, and inconsistent with all orders and codes passed in the wake of 9-11. The problem doesn't rest just with the RNC and White House. Rather, the DNC ranking member on the Intelligence Committee also has a problem.

The US Code clearly gives the Ranking Member power to do something. It remains to be understood why, despite the well known "concerns" and "lack of information," why the DNC failed to assert their power.

The Senate Intelligence Committee has message traffic from the DCI showing information, but the Ranking Member Senator Rockefeller cannot explain why he did not ensure a follow-up investigation was done, nor can the IG explain why conduct which violated the statute and orders were not discovered or communicated by message to the intelligence committee.

A plain reading of the US code shows that all post 9-11 language is inconsistent with the President's conduct. He openly admits the conduct is going on, yet the standard is at odds with what he is doing. Here is it in plain English:
Electronic surveillance,
as defined in the Foreign
Intelligence Surveillance
Act of 1978

[50 U.S.C. 1801 et seq.],
shall be conducted
in accordance with
that Act
, as well as this Order.

[ 50 USC Sec. 401 , 01/19/04]

These are illegal activities. There is nothing in any statute or code passed after 9-11 that allows the National Security Council, DoJ Attorney General, or NSA to make rules contrary to the Constitution or Foreign Intelligence Surveillance Act. Nothing!

Here it is, in plain English:

Nothing in this Order shall
be construed to authorize
in violation of the
Constitution or statutes
of the United States

[ Ref: 50 USC Sec. 401 , 01/19/04 ]

There are widespread statutory violations. Neither the DoJ AG, NSA, or NSC may approve any program, procedure, or conduct that is inconsistent with statute or the Constitution. The defense of "there is a disagreement" does not allow NSC or NSA to make rules that violate the law.

Each of the Cabinet officers -- CIA, NSA, NSC, and Attorney General -- are to ensure that the directives they pass, and procedures they oversee are lawful. Period.

This order applies in wartime. These are ministerial duties imposed on the Executive Branch, and this is not the same as "power." If the Executive had a problem with this, it should have said something to change the law. This executive has taken an oath to ensure these laws are faithfully executed. This order carries out this statute. Again, here is the order in plain English:


The NSC, the Secretary of
, the Attorney General, and
the Director of Central
issue such
appropriate directives
and procedures as are necessary
to implement this Order.

[ 50 USC Sec. 401 , 01/19/04 ]

The only thing that is "appropriate" is something that is lawful. Period.

You may not pass directives and procedures that violate the order; nor is any order or procedure that violates the order a lawful order.

You were trained on this. This is why they send you to school. They pay you to travel to attend courses to learn these rules, and you have ignored them. It doesn't matter why. You violated the law, and you have violated your written orders that prohibit this conduct. Period.

If you need to have the Echelon transcripts of what happened while you were traveling, what you said while you were in your classrooms, and who was involved in the training, keep it up. That can be arranged. If you want the world to know about the what happened when you were on TDY, and who you slept with while you were attending these conferences and training programs -- that you obviously cannot remember -- keep it up!

Telephone contractors are in no position to demand reimbursement. Nor is there any rule that allows the AG to reimburse the telecoms for any conduct outside FISA.

* * *

We've heard alot of song and dance about the "boo, hoo the Republicans control Congress, there's nothing we can do."

Small problem. The Ranking Member on the Intelligence Committee has the power to trigger an IG investigation; and under the 1947 Act DCI has to respond.
(4) Pursuant to Title V of the National
Security Act of 1947 [50 U.S.C. 413 et
seq.], the Director shall submit to the
intelligence committees any report or
findings and recommendations of an
inspection, investigation, or audit
conducted by the office which
has been requested
by the
Chairman or Ranking Minority
of either committee.
[ 50 USC Sec. 403q , 01/19/04 ]
Issues and Concerns

  • The IG process has been compromised. Reports are made when the IG is or is unable to pursue a matter. There is nothing that prevents an IG from doing anything. Rather, when they are barred, they are required to provide reports to the Intelligence Committee. Either the IG didn’t look into matter; or the intelligence committee is lying about whether they did or didn’t know about problems. Why should the public have any confidence that the IG GAGAS audits were unfettered?

  • There are reasonable grounds to review Congressional malfeasance. Nothing in any order, rule, or statute gives anyone the power to engage in any activity that violates FISA or the Constitution. How does anyone on the Senate Intelligence Committee – on both sides of the aisle -- justify any public confidence that the FISA was complied with; or that anyone on the committee did what they should have done?

  • The explanations the intelligence committees is not convincing. If we are to believe that Rockefeller and others in the DNC had some "really big concerns" about the NSA program -- for whatever reason -- how did they communicate these concerns, if at all, to the DoJ IG?

  • There are gaps in the message traffic which the White House and Intelligence Committee cannot explain. Was the letter sent via classified message; and how did DCI respond; what comments, if any did the DoJ IG attach to the DCI message back to the Ranking Member?

  • There are reasonable questions about what interfered with the IG comments to the intelligence community. Once DCI responds, NSA/DoJ Inspector Generals have the opportunity to comment. Why are the DNC members on the intelligence committee "in the dark" given the IG's ability to provide comments?

  • A memo in a locked safe is not the same as a request for an IG audit. What evidence can the DNC Ranking Member on the Senate Intelligence Committee provide that -- despite the "boo hoo, we're not in the RNC" -- they actually got off their ass and did what they were allowed to do -- compel an IG investigation?

  • The malfeasance and unlawful conduct is not isolated to the White House, DoJ, NSA, or the inspector generals. Where is the DCI audit report after these “really big concerns”; or, are we to believe that “National security” was the smokescreen to avoid questions over why the conduct was inconstant with statute?

    * * *

    Crossposted: [ Click ]

    Call Bush what he is: Rebel, he is in rebellion against the Constitution.

    You can argue all day about labels, the bottom line is that [a] clear terms in the US Code do not match [b] NSA, NSC, and DoJ procedures; and these do not match/are at odds with [c] what was going on. Yes, they made procedures that violated the law; and then they violated these unlawful procedures.

    There is nothing that allows the Congress, President, or anyone in government to violate FISA. Click The Intelligence Committee and the IG process are only part of the problem. There is message traffic that shows, or should show when the Intelligence Committee knew or should have known there was a problem.

    The problem with the NSA issue is that it crosses both sides of the aisle, is not isolated to the Executive Branch. Clear ministerial duties are imposed on the executive; and the Congress has the power to order IG investigations -- even if they are in the minority.

    It's time for an outside special counsel to be brought into the issue to find out why the White House and NSA conduct violated the law; and what broke down in the IG and Senate Intelligence Process. At this juncture, its clear the Congress has enough information to impeach the President. It remains to be understood why the DNC Ranking Members in all the committees continue to whine about "we can't do anything," when it is clear under the 1947 Act they can trigger IG audits.

    This Federal Government has failed, and they've done nothing for the last three months -- since the NYT disclosure of the unlawful activity, that the IG should have known about -- to warrant confidence in this American system of checks and balances.

    The problem rests with the failed crew in DC. Once again, we learn that the American public has to know the laws and jobs of those who are in power better that the crappy legal advisors who have no clue about the rule of law. You have well shown your legal training is worthless and should be disbarred for justifying illegal torture, abuse, unlawful wars, and have failed to remove yourself from the conspiracy to violate the American Constitution and laws of these United States.

    The American legal community is a cess pool, and is no different than the swine that wandered the halls of Hitler's bunker.

    * * *

    The real issue: Despite the Constitution and clear statutes which prohibit this activity, the cess pool called America likes to have debate over what is or is not in the constitution.

    You idiots! We already had that debate: It's called the 1789 Constitution -- and the 1978 FISA statute. Those are the will of the people. This is not debatable.

    The fact that you are actively debating this issue is a major problem. It's time to draw the line in the sand: "Enough." No more discussion. The time for prosecutions has arrived.

    All the RNC is doing is making it self-evident: They have no intention of honoring their oaths; they cannot read their oaths of office; they've well known what was going on; and they're trying to find an excuse.

    Big problem: There is no excuse. You cannot "negotiate" your way out of this like you might think. The line was clearly drawn: That shall not do this. You did it. And you want to make it appear like it's "everybody else's problem."

    No! It's your problem, your mess, and you're the one that's going to have to clean up this cess pool you call America. The law and Constitution are fine as they are, there is no "debate" over what the law does or does not say. If you have a problem with what the law says, please point to the Congressional records where it shows that the above codes were trumped, or somehow "negated."

    You can't. You're wasting your time. This was your choice. You freely chose to go along with this rebellion. You're wasting your time pretending you have a legal justification for this. There is none.

    Zip. Nada. Nuckte. So quit your bullshit excuses, and quit calling those in the RNC who dare assert the rule of law "liberals," and start calling yourselves what you really are: Rebels against the rule of law and American Constitution.

    This attaches to you clear consequences under the 14th Amendment: The denial of any right to hold any public office. Period.

    So quit your bullshit.

    You have an instruction booklet called the US Code that tells you what to do, how to do it, and what you are supposed to read. You morons can't figure that out.

    What the hell is going on with America? Answer: They're living in a cess pool and they love it.

    Drink it up, Sepis! [ CLick to read about the Sepis in America. ]