Constant's pations

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

Tuesday, May 23, 2006

Senate Intelligence, Hayden Fantasy

Fictional oversight, fictional answers. The perfect crime story.

Days after General Hayden was given a White Wash hearing before the Senate, we find out the voice-to-voice domestic phone calls were intercepted. The revelations warrant reconsideration of the Hayden nomination hearing, especially the questions.

We know more about what Hayden was doing -- that he lied and violated the law at NSA. What does this tell us about him as a leader: He's not reliable, nor willing to stand up to unlawful authority. He's not independent, but criminal.

Despite skepticism, as with Bolton, this Senate appears inclined to rubber stamp more abuse. Yet, the NSA domestic spying revelations invite deeper inquiry and reconsideration before we turn the page on Hayden's testimony.

* * *

Abusive power cannot be recognized or assented to. The Executive is already on the defensive. It is time to broaden the political pressure, beyond the White House and Executive branch, directly at those who should know better: Members of Congress.

Public support depends on the public. That burden, as always, remains on this government, not us. Congress has a credibility problem. Despite its oath to the Constitution, it has hidden loyalties, like corporate auditors.

The Senate has failed, acting like the former-USSR's Politburo, doing nothing about corruption but keeping their chairs war, despite the questionable heartbeat. The Senate needs to come up with a plan to address their credibly problem. At one level, there needs to be oversight of the Executive, and this congress failed; at another level, this Congress needs better oversight, but refuses to cooperate.

It is our duty to put the Constitution before the Government. It is our job to refuse to cooperate with this reckless Congress. We should lawfully make Congress' job more difficult, exhaust them, and wear them down just as they have worn down America. The public has unlawfully been forced to endure these abuses.

There is no reason to wonder whether this is the right thing to do. It is our oath: To protect the Constitution against the domestic enemies, especially those hiding in this Congress and Executive branch.

Like a river, we can create and fortify a dam, sapping them of the flow of power. Congress needs a reminder that we can do this at any time. We the People are in charge and source of sovereigty. At anytime, we can impose lawful, political pain on those who treaten and destroy our Constution. We may lawfully reciprocate without any warning, purpose, or plan. We can do this because we are more powerful, and the source of their power.

We can lawfully reciprocate, ignore then deny them the powers they abuse and strengthen the Constitution the despise.

This government must be compelled to assent to the same non-sense, lawful abuse, and other things which they have no choice but to assent to.

This demonstrates our national will: We the People are willing to stand up, be brave, and assert our rights. We can invoke the powers we have not delegated, but retain.

For what reason? Because we can. And we can do it again. Then again, to drive home the point, being as relentless with our disdain for them as they have shown for Our Constitution.

They deserve disdain and reminding there's nothing they can do about it. What's the worst they're going to do: Ignore the Constitution, and deny us our rights? They already did that.

They already fear you. They already are afraid of the backlash. All you have to do is simply assert yourselves and move with one voice. It is far easier than you think.

Be creative, lawfully assert your X Amendment powers and rights, and lawfully reciprocate against Members of Congress for their abuse of power. Your options include: Making new rules, telling the truth about their abuse, and anything else that will remind them that you are more powerful than they are.

The key will be to do this without warning, and remind Congress that they have no option but to endure, assent, and finally yield to our will as enshrined in the Constitution.

Suddenly, we could invoke a national day of refusing to assent to the absurdity of this reckless government: Because we can, not because they deserve an explanation or reason.

* * *

Remind them of their fear in asserting the rule of law, or in standing up to the illegal NSLs. Members of Congress chime, "Oh, we all knew what was going on . . . it was OK. We were fully briefed. This was no surprise."

Oh, really? This sounds like a fatal admission: That they "well knew" about the NSA illegal domestic activity. Again, they are in an either-or trap: Either

  • A. They knew what was going on and failed; or

  • B. They are lying, were not briefed, and assented to something they did not fully understand as they should have.

    Either way, they defy their 5 USC 3331 obligations, and should be indicted.

    * * *

    Reconsider the Senate Intelligence Committee. What's needed is a broader approach to these Committees. Again, the NSA is known to have violated the law; and the Senators are stuck -- either they've assented to the lawlessness; or they've lied and were not fully briefed as they claim.

    We need to take heed the lessons about the Senate intelligence Committee: What they are capable of; their unrealistic assumptions; their flaw assumptions in their meaningless questions; and the questions they’re not asking.

    The point here isn't to rehash history, but to glean the lessons of what has failed in the Committee Process, especially the Senate intelligence Committee. Our aim should be to fix what is broken; lawfully destroy what refuses to assent to the rule of law; and mandate that they assent to, and protect the Constitution.

    We have far more wisdom, competency, and temerity than this government. First, we outnumber them. Second, we are far more educated. Third, they have a finite number, and are easily exhausted by trivialities. Fourth, we have the benefit of time, they cannot afford to wait. Fifth, we have the power of truth. Sixth, they have the problem of reality. Seventh, we have the power of the Constitution. Eighth, they have the sword of the Constitution to their throat.

    The list is endless. What we also have is hope, that despite all that they may do, we can triumph simply by refusing, asserting our rights, and finding a lawful solution. There is a way. We are brighter, closer to the problem, and well aware of what needs to be resolved. They are removed, disorganized, and poorly led. We have a simple guide: the Constitution. It is all we need. They have a simple map, which they cannot read. We are doomed to succeed. They are doomed to continue what they already are: Failures.

    * * *

    We need to consider the (invalid) assumptions they’re using that will better highlight the problems with oversight; and which questions and follow-up issues they need close monitoring.

    The time is to talk in generalities. We cannot be specific. Time does not require us to narrow our options, or be detailed. The way forward is to be vague, and let each of us decide what specifics must be done. There shall be no warning. They know this is coming, but they are fearful because of the surprise of what is about to be unleashed, with lawful force, and national will. You will have to trust that your single action will add up to something phenomenal.

    Remember the invasion of Normandy. You were there. Your lone action was one of many, yet it added up. Remember your oath to the Magna Charta and Constitution. Through the ages our oath has been what has guided our focus, and our faith that we shall remain free of abuse, and our rights protected.

    There is no setback, there is merely a lesson of what must be adjusted. That is where we find ourselves: A time to reflect on what must lawfully be done to improve what is already a great document. The only things in the way are those who defy their oath, and those who defy progress. Yes, there may be setbacks, but know in your soul, things will improve. That is what is inevitable, regardless what may or may not happen in the coming weeks.

    If we fail to stand up now, we will simply have more the same. If the stand up now, we will finally bring to a head what has long been threatened. The time for waiting is over. We are well prepared. We are capably guided. We are doomed to prevail.

    * * *

    It seems more useful to talk about the generalized goal, then look at whether the Committee process will serve this; or what new approaches are needed to protect the Constitution, while keeping the Legislative arm of government functioning.

    Perhaps the goal should be to split the legislature into a third House.

    Perhaps the opposite -- at times of national emergency, when the President defies the law -- the Houses unite as one. Yet, if they can unite as one, who is to say whether the "emergency" is a ruse as was Sept 2001 and the explosives in the WTC.

    There is a solution.

    * * *

    Let's consider the 1978 FISA Act, supposedly solving the problem, which has subsequently failed.

    The issue is

  • A. What needs to change to oversee Congress, and

  • B. Despite known problems, what will compel Congress to ensure the laws are followed and enforced, and not bury the abuses and violations.

    The White House abused power. Although constrained by the 1978 FISA, both the White House and Congress have abused power. The way forward is to do something that will, as the FISA aimed, address the issue.

    Congress inconsistently invoked FISA: IT asserted FISA to avoid oversight; then failed to assert FISA, as it silently watched those it represents abused.

    The White House and Senate Intelligence Committee are joined as one: They invoke FISA statutes for the sake of secrecy to avoid accountability and public oversight of the committee failings; but ignored the same statute to avoid obligations and duties.

    This government relies on the FISA for secrecy; but abuses that secrecy to avoid oversight, and excuses itself from the needed checks by the People.

    This government enjoys the scent of the hunt, but does not like the fowl odor of being hunted.

    Despite the prospect of an election, they openly defy their oaths, and spew forth propaganda to get public support. This is absurd. The legislature is not given the power to defy the law, but to follow the law.

    * * *

    Going after the Senate intelligence Committee is like going after the Soviet Politburo. There's a finite number, but you're never quite sure whether they're still breathing.

    * * *

    The Senate Intelligence Committee is part of the problem. They are instrumental in the disinformation and propaganda vehicle. They do not offer real oversight or leadership.

    We have to do their jobs, while they get paid to do nothing when the Constitution is trashed. They are poor workers, unreliable, and cannot follow simple directions. Their approach is to yell louder at those they promised to serve. It is our duty and obligation to exhaust lawfully them into submission to the rule of law.

    They have no choice. We have many options. Their options are limited. Our time is infinite. They have only a few short months, and then they will have to start over again. Our job is to keep the pressure on, let them know this is a long campaign, and that we shall prevail in the long run. It will only get worse the longer the refuse to do what should be done: Protect the Constitution.

    * * *

    Contrast their approach on Iraq and the NSA. The Senate Intelligence Committee fails. They are consistent.

    The problem is not simply with the Executive. The Senate was given powers to silently go behind the doors to address these issues. They refused to do in private, what must now be done in public: Lawfully force the Executive and Congress to assent to the rule of law, and honor their oath.

    We need not take the Senate seriously, nor wait for them. Their role is now to wait for us to deliberate their political fate. They have no input. Our decision is final.

    They have lost their vote and voice. They cannot provide input or leadership. They are revoked those powers they abuse and refuse to assert. It our power, now it is our job to seal their political fate.

    Roberts defies logic. He shall lawfully be forced to assent to his absurdity. It is clear he defies his oath and the law. Their misconduct is not a secret, but a public wrong. We have the power to find and share the truth, regardless their efforts to suppress knowledge of their crimes. Their claims on power, not just their claims on rights are dubious.

    We don't need to know the details. We only need to decide what is to be lawfully done to those who defy their oath and the Constitution.

    This can be done. We are peaceful, considered, and far greater leaders than they can hope to be. They are small minded, easily ruffled, and quick to invoke pettiness, while real statesmen calculate their political fate.

    Jefferson, as all the others, remains on our side.

    * * *

    This Congress is a white wash disaster. It fails to assert 5 USC 3331. It continues to be a rubber stamp on fascism.

    Hayden's testimony is based on lies and criminal conduct. Yet, the media and public are on this escalator, assuming Hayden will be the next director of the CIA.


    Why not force the issue: Prepare for the DNC control, take the floor of the Senate, and let's get this filibuster issue off the table: Force the Senate to take filibuster off as an option, and then when the DNC takes control, outlaw the RNC.

    * * *

    The US has a problem with financial reporting. It also has a problem with governance. I reject the committee oversight. It is worthless.

    The public needs to assert its power, be bold, and demand that the rules be changed: Force Members of Congress to sign, attest, and certify what they are saying.

    Until this Senate certifies their claims, we can make the adverse inference that they are dubious claims; are not leaders; and remain a rubber stamping institution for fascism.

    Signed Senatorial statements are the starting point; after we have something signed, we might consider it.

    That is, after we conclude the discussions which will lawfully rip from the Senate the powers they refuse to assert.

    Maybe we'll have new rules that make all Senators criminals, until proven innocent.

    Time to turn the NSA data mining process and no-notice audits on the Senate Intelligence Committee; if they refuse to cooperate, make adverse inferences, and put them in jail.

    Good enough for us, why not good enough for them?

    See how quickly they'll scream for "Rights" and "Constitution." The fact that they are screaming about something they refused to protect will be sufficient to show they failed to act when they should have.

    Their only option is to be silent; if they speak, they will have admitted they failed to act when they should have. That is called malfeasance.

    Make it so. Force them to demand what they are about to lose. Make it personal. Make them publicly assert a demand for a right which they have denied others; then point out their hypocrisy and violations of 5 USC 3331.

    Then take away their power, simply because you can.

    There is nothing that can stop you.

    They wished this.