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Tuesday, February 14, 2006

NSA Hearing: HASC 15 Feb 2006 -- Unconstitutional AUMF and illegal Able Danger

Things sure are getting interesting. Able Danger is back on the HASC calendar.


[ For your convenience, there is an NSA Hearing Archive; Click here to read other content in the NSA Hearing Archive.]

This will likely be another sham review, as was the recent hearing before the Judiciary committee.

Things they should be asking

Given this AUMF was based on fraud, why is NSA arguing that the domestic spying programs -- like Able Danger -- are lawful or constitutional?

The reason we have laws is to prevent fraud; but this White House used fraud to justify passing statutes -- the AUMF -- then wage unlawful war and commit violations of the Constitution.

Case law

I'm sure there are plenty of people out there who say otherwise. Let's consult the wise Justice Scalia is his concern with fraudulent activity, who is cited as follows:
misrepresentation of facts could be regulated"[ 487 U.S. 781 ]

18 USC 1001 also imposes sanctions on those who lie to Congressional committees, as is self-evident was done in re the Iranian AUMF. Where's the WMD; and why is the NSA going after those who dare talk about the "known lack of WMD information in Iraq?"

Federalist 42 talks about the need to have rules that prohibit fraud: The Congress was given
The power of establishing uniform laws of bankruptcy is so
intimately connected with the regulation of commerce, and will prevent so many frauds
[ Click ]

* * *

But let's not stop there. Now that we know the AUMF was created through fraud, let's examine the case law raising doubts about the motivations of Able Danger, NSA, and the White House.

  • [ 317 U.S. 1 ] recognizes that civilians can be tried as war criminals

  • [ 339 U.S. 763 ] Civilians who engage in war crimes cannot assert they are immune to the laws of war, and the court cannot recognize this frivolous defense.

  • [ 322 U.S. 4 ] affirms that unlawful outcomes cannot be legalized by statute. The AUMF must assent to treaties; and cannot compel anyone -- either in DoD, the White House, or Rove's little friends inside his special little toy box -- to ignore treaties.

  • [ 317 U.S. 1 ] Affirms that Rendition to Eastern Europe -- whose sole purpose is to commit a crime -- is a war crime.

  • [ 339 U.S. 763 ] Affirms that initial frauds committee to pass the AUMF are not ratified by subsequent abuses, threats, or other illegal acts to prevent enforcement of the laws of war or US statutes.

  • [ 339 U.S. 763 ] The President loses all claim that the NSA is for a "reasonable purpose" when he wages war against the rights of people at home and abroad based on lies, fraud, and the little voices inside his head. Where are they George, this time?

  • [ 417 U.S. 733 ] Affirms the legality of the UCMJ, but this Joint Staff and President unlawfully -- and in violation of their oaths -- refuse to enforce the UCMJ provisions barring military personnel to violate the laws and Constitution of the Untied States.

  • [ 468 U.S. 641 ] Affirms that the AUMF is unlawful because it does not achieve a lawful objective and the AUMF is the fruit of fraud. The laws exist to combat misconduct; misconduct is not to conceive the law.

  • [ 48 U.S. 283 ] Recognizes that judicial review must occur; and when there is fraud committed upon the court, nobody in this White House, Joint staff, or NSA can claim the AUMF is the fruit of prudence, but that of despotism. The courts have not judicially reviewed the matter; and all evidence provided to the court to assert the President may wage unlawful war is without merit.

  • [ 489 U.S. 46 ] The Able Danger program was illegal -- as recognized by the White House and NSA; and the law does not permit the government to use the fruit of illegal conduct as the basis to then request warrants or file claims over larger conspiracies, even the ones that are imagined to have occurred over the skies of Los Angeles.

  • [ 489 U.S. 46 ] The issue is ripe. Penalties are warranted. Needed sanctions and penalties to obstruct the unlawful action in Iraq and the NSA program were rebuffed on the basis of information the FBI agents knew were false statements to the FISA court. This misconduct clouds the governments non-existent credibility.

  • [ 491 U.S. 617 ] The AUMF is a specific, single, and narrow statute; it is not speculative, but the fruit of fraud. There was one objective of the AUMF: To wage unlawful war -- no lawful means could be used to intimidate the Iraqis abroad or Americans at home.

  • [ 494 U.S. 259 ] Affirms the claims against the NSA and White House -- the US military and NSA may not be unlawfully used against American civilians as has been done.

  • [ 504 U.S. 655 ] Statutes may not violate treaties; and illegal conduct is not ratified when it goes undiscovered or hidden, even through conversations with the NYT.

  • [ 514 U.S. 211 ] The President's usurpation of legislative and judicial powers is unconstitutional. He cannot circumvent the FISA court; nor may he credibly assess the legality of the AUMF. He remains in rebellion against the Constitution.

  • [ 521 U.S. 844 ] Even if the FISA were unconstitutional, the NSA cannot explain or justify how its conduct will not affect free expression. Clearly, the unlawful NSA conduct does have a chilling affect on free speech, contrary to our notion of liberty.

  • [ 538 U.S. 343 ] The AUMF cannot legalize unlawful war; nor can fraud be used to legalize unlawful conduct. This President remains in rebellion against the Constitution, American People, and the Laws of War barring his illegal abuse of power against protected civilians. The NSA is in no better shape.

  • [ 543 U.S. 220 ] When there is a conflict between the AUMF -- based on fraud, and unlawfully used as a basis for unlawful war crimes -- and treaty -- barring unlawful war, the treaty against unlawful war prevails; and AUMF is unconstitutional.

  • [ 79 U.S. 457 ] The reason for laws it to prevent fraud. This President uses fraud to pass laws, wage war, and incite the Joint Staff -- who assent -- in their violations of the Constitution, committing fraud on the House Committee.

  • [ 197 U.S. 70 ] All rules made or programs recognized which assent to and celebrate any violation of the Constitution -- as is the AUMF, Able Danger program, and NSA activity -- are unconstitutional.

    This President remains in rebellion. There is little he can do to prevent the states from action and ordering the House to impeach you for high crimes.

    Whether the Congress does or does not assent to your poodle Rove is irrelevant. Your oath is to the Constitution, not to "something else" that you may imagine while choking on a pretzel.

    * * *

    Who in the US military and NSA continue to unlawfully support this President's unlawfully rebellion against the US Constitution?

    It remains to be seen which US officers working for the US Congress lawfully arrest the Joint Staff, and render them unto lawful authority -- and trial before a US military tribunal under the rules of Congress --- for trial as war criminals.


    Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Territory, Commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.

    Article 1 Section 8 gives Congress the power to raise a militia to subdue a rebellion. It is up to the Congress to define what "rebellion" means; and they voters can compel the Congress to show whether they too are for or against the Constitution.

    Here is the case law structure to bring use state proclamations to subdue this President and Joint Staff in their rebellion against the Constitution: [ Click ]

    Here is the simple explanation how the States can issue proclamations calling for impeachment; why the RNC cannot stop this process; and why forcing Congress to vote up or down is important information for the voters to consider before the 2006 election: Click.

    [ For your convenience, there is a State Proclamation Archive; Click here to read other content in the State Proclamation Archive.]