Generic List of Executive Abuses

This explores the generic problems related to FISA-NSA, the raid into Congress, and rendition.

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The rule of law has failed in the United States. This failure inspires others to use force, especially when the US uses force without reasonable bounds.

The same standards Addington applied to the Taliban [that they were in a failed state, therefore they are subject to having protections lifted] applies to the United States personnel.

Discussion

It’s interesting to compare the various known incidents such as Rendition, NSA-FISA violations, and the DoJ raid into congress. Each incident provides a useful case study, each offering insight into executive abuse. It’s possible to take the composite list, create a generic “Presidential Program,” apply it to each case study, and formulate for each a broader line of inquiry.

All patterns of abuse require remedies. Short of violence, what is lawfully to be done when the existing Supreme law of the land is ignored by those who took an oath to uphold it?

Issues

Unconstitutional Executive branch: Better public understanding of Addington’s defective legal arguments, disconnected from reality, cherry picking, status of disbarment project

Compel Addington to demonstrate to House Judiciary legal arguments provided in memoranda are well grounded in case law [in re rendition, torture, abuse, Guantamo, Iraq, WMD, NSA, FISA abuses, domestic warrantless searches/interrogations]

Federal abuse of power, state regulation: Congress needs a monitoring system to sanction attorneys for misconduct, failed work products, and defective legal counsel

Federal sanctions on media warrant balanced federal sanctions on defective executive branch attorneys

ABA needs a better showing on peer review results: Case sampling, oath assertion, assertions of oath in criminal matters/war crimes state refuses to investigate/mitigate.

Publicly review credibility of government attorney work products, arguments

Require government attorneys publicly show opinions and motions trace to original sources and case law

How quickly trigger circuit breakers: Force executive branch attorneys who promulgate defective legal opinions to personally argue their positions in court, not delegate the task to outside counsel.

Give courts stronger, swift tools to sanction attorneys who fail to adequately cite cases

JAG removed from court access: Need a method to ensure court has full spectrum of legal opinions, even internal-opposing views

Strengthening FISA adversarial system: Bounty program to public and legal staffers for providing full cases of opposing views, discrediting government positions

Assumptions About American Governance, Illegitimacy

Executive has broadly, unconstitutionally expanded and applied power through phony “necessary and proper”-clause, which only applies to Congress [A1 S8].

Primary goal is to protect the state, not prevent abuse of power or protect rights [5 USC 3331]

All violations of treaties, statutes, regulations, and obligations rationalized on dubious basis [Perception of lack of enforcement]

Domestic Covert Operations: Lessons learned from foreign battlefields applied to American civilians at home [Posse Comitatus]

American culture will threaten loss of money, status, power, value in order to ensure assent to illegal abuse of power [Extortion]

Great energy expended to create false realities, dissuade others from discovering truth, or taking lawful action [Exhaustion, propaganda, dissuade hope]

Failed judicial system: Rising risk of exposing funds to US capital markets [1933,4]

You’re on your own

What can be done

Focus on standards, requirements, obligations, duties

Check information validity, credibility; source reliability

Note carefully excuses, fatal admissions

Identify credibility problems, delusional statements

Notice conduct violating asserted standards

Check changes: Did it meet or not meet the requirement

Provide attention to issues

Understand the DoD Propaganda guide

Lawfully reciprocate: Give a deadline for compliance, or face lawful sanctions and lawful rendition to The Hague [US military, civilian leadership/advisors, legal counsel]

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Composite, Generic List of Executive Abuses

This is a combination of all case studies.

Summary: The rule of law has failed. This is a failure of the legal process and procedures to adequately prevent abuse of power and protect rights.

Lack of independent, judicial review

Failed Administrative Oversight

Failure to exhaust other options

Falsely asserting options exhausted

Leadership Malfeasance

Refusal to investigate

Local silence

Multi-jurisdiction silence

Failure to assert oath

Rewards for inaction, silence, refusal to assert oath

Unconstitutional conduct

Change factors to appear beyond regulation

Ignoring warrant requirement

By-pass constitutional protections, oversight, gatekeeper

Illusory changes with respect to Article 1 Section 8

Abrogating clearly promulgated/applicable treaty requirements/obligations

Ignore/violate statutes, requirements, case law, standards

Clear standards ignored and explained away

Allegations without confirmation or coordination

Ignore precedents and procedures

Violation of law, clear standards

Assert reasonableness despite absurdity of explanations

Stating requirements not mandatory

Creating false exceptions

Legal Arguments

Not subject to open, adversarial system

Non-sense legal arguments

Assert legality without credible showing, dismissive of contrary evidence

Cherry picking statutes to arrive at absurd legal arguments, justifications

Changing the subject from [a] illegal conduct to [b] privilege, secrecy, classification, objective, external threats

Abrogation of clearly promulgated statutes, treaties, obligations

Invoking personal exceptions

Self-adjudicating there was no violation

Ignoring directives, obligations, duties, requirements

Refusal to assent to law

Meaningless, glacial, cursory investigations

Asserted above law

Dubious privilege

False immunity

Unchallenged promises of immunity

Asserting standards do not apply to target; therefore not apply to actor or agent

Evidence
- Sanctions for failing to adhere to procedures

Not subject to cross-examination, challenge

Fabricated, non-existent, dubious, questionable

Presumption of guilt

Fatal, public admissions

Specific JROC rejections overridden

False evidence

Dubious claims

Inadequate after-action reports, adjustment

Manipulation of judicial process

Force, threats, distractions

Threatened, actual use of illegal force

Threat to resign unless illegal activity/fruits permitted

Insufficient, untimely sanctions for primary violations

Conspiracy

Local cooperation

Actual/implied benefits/rewards for cooperation with illegal activity

Sworn Statements

Ignoring Constitutional protections to prevent abuse
- Timely sanctions

Avoiding public oversight, trial, examination
- Meaningful consequences for ignoring Writ of Habeas Corpus

Maintain information secretly to avoid sanctions for misconduct
- Discredit excuses for not having civilian oversight boards

Rewards/no consequences for trumped up statements, allegations
- Better public knowledge of 42 USC 1983

No consequences for false oath
- Identify/remove rewards for false oath
- Presumption of guilt/abuse of power on government

No consequences for failure to take action to assert oath and duty
- Sanctions for malfeasance

False immediate crisis
- Sanctions for dubious claims
- Presumption of dubious government statements

Ignore, not know statutes and applicable law
- No notice testing of judicial officers, attorneys on CLE performance

Dubious allegations

Insufficient, non-existent, failed independent oversight
- Sanctions for malfeasance
Assert wrong doing, without reasonable basis
- Sanctions for meaningless oaths

Using (incorrectly) allegations as evidence
- Sanctions for circumventing reasonable cause requirement before court before issuing a warrant
- Meaningful sanctions on law enforcement for pre-textual stops
- No-notice field visits to check FTO training in field, monitor POST Board oversight

Options

Options used without adequate oversight, training, reviews, monitoring

Technical capability used without regard to legal requirements or agreements

Storing information, contrary to statute

Non-standard procedures

Cursory, meaningless auditing
- Independent method to use abuse tools against primary actors

Unresponsive to outside reviews
- Sanctions for failing to comply by X-date

Legal requirements and processes ignored
- Sanctions for fraud/not following procedures

Illusory processes outside formal channels
- Sanctions for failing to enforce existing requirements

Ignoring process
- Sanctions for using non-standard process

Renaming process
- Force compliance with lawful process

Creating non-sense parallel systems for oversight, debate, review

Cover-up

Failure to respond to other information
- Sanctions for malfeasance

Secrecy oaths
- Questioning reasons for secrecy

Secrecy invoked
- Outside reviews of secrecy invoked


Compartmentalization
- Cross-flow of oversight

Jettison individual cases to avoid Court detection of illegal conduct
- Report attorney misconduct

Propaganda

Many cooperating in development, dissemination, refusal to challenge
- Identifying and lawfully targeting

Failure to challenge merits of information
- Challenge the information

Going after the messengers
- How do we put the attention back on the violators?

Spreading propaganda to rationalize abuse
- Discrediting the rationalization

Change subject from violations to something else
- Refocus on issue

Rationalizing illegal behavior
- Discrediting rationalizations

Propaganda to justify abuse, violations, cover-up, induce other to not check/explore information or compare standards
- Discrediting the absurd justifications

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FISA list

Statutes, requirements

Clear standards

Allegations without confirmation or coordination

Evidence

Fatal, public admissions

Specific JROC rejections overridden

Ability

Technical capability

Technical capability used without regard to legal requirements or agreements


Storing information, contrary to statute

Legal

Assert legality

Cherry picking statutes

Non-sense legal arguments

Changing the subject from illegal conduct to privilege, secrecy, classification, objective, external threats

Non-standard procedures

Legal requirements and processes ignored

Illusory processes outside formal channels

Cover-up

Secrecy oaths

Compartmentalization

Jettison individual cases to avoid Court detection of illegal conduct

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FBI Raid into Congress

Allegation

Assert wrong doing

Force, threats, distractions

Threatened use of force

Threat to resign unless illegal activity/fruits permitted

Case law

Ignore precedents

Ignore procedures

Administrative Oversight

Failure to exhaust options

Falsely assertion options exhausted

Sworn Statement

False immediate crisis

Ignore, not know statutes and applicable law

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Rendition

Conspiracy

Local cooperation

Standards, legal issues

Violation of law

Violation of clear standards

Assert reasonableness despite absurdity of explanations

Stating requirements not mandatory

Creating false exceptions

False immunity

Asserting standards do not apply to target; therefore not apply to actor or agent


Malfeasance

Refusal to investigate

Local silence

Multi-jurisdiction silence


Non-standard procedures

Ignoring process

Renaming process

Creating non-sense parallel systems for oversight, debate, review

Unconstitutional Acts, Conduct

Change factors to appear beyond regulation

Ignoring warrant requirement

By-pass constitutional protections, oversight, gatekeeper

Illusory changes with respect to Article 1 Section 8

Abrogating treaty requirements

False evidence

Dubious claims

Propaganda

Going after the messengers

Spreading propaganda to rationalize abuse

Change subject from violations to something else

Rationalizing illegal behavior

Propaganda to justify abuse, violations, cover-up, induce other to not check/explore information or compare standards

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