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Sunday, July 02, 2006

Iran: US President Actively Planning War Crimes

A Grand Jury needs to review the ongoing planning the Joint Staff and military personnel are conducting to commit war crimes in Iran.

If DoD is not cooperative in providing the names of those involved in this illegal activity, this outlines a method to gather the specific names of the military personnel for purposes of bringing indictments for war crimes.

* * *

The American DoD Joint Staff and President of the United States, along with the DoD planning staff at Strategic Command are actively planning war crimes in Iran.

Under the laws of war, which Hamdan recognizes is a requirement, all military personnel are required to report to their commander, and are prohibited from, activity related to war crimes.

DoD personnel are on notice that the American civilian population is aware that you have decided not to report, as required, the knowledge you have of this war crime activity.

* * *

It is unlawful for military force to be used against targets that are not related to a military threat. Under the laws of war, where there is no declaration of war, no party may use military force against another unless there is an imminence of attack or threat.

At no time has the United States Joint Staff or Judge Advocate General found there existed any imminent threat from Iran. Rather, the planning teams within the Strategic Command know full well the targets they are choosing are not linked with the necessary evidence or intelligence to warrant or justify lawful targeting.

These are war crimes.

* * *

The American military Judge Advocate General and Inspector General has a responsibility to review these matters, conduct a full inquiry, and provide the information to the Courts Martials.

It is a responsibility of the American People to closely watch these developments. We are the ultimate source of sovereignty, and must make informed decisions as to which leaders deserve confidence.

Central to the problem is the Congressional oversight: It does not exist.

The Judicial Branch in Hamdan provided the public, Congress, and Executive Branch that the Geneva Conventions do apply. Despite this fair warning that the laws of war remain requirements, the Joint Staff and White House continue to unlawfully plan illegal warfare.

The issue isn’t simply what Congress will or will not assent to. The issue is despite clear laws which preclude illegal warfare, the White House and Joint Staff have assented to engage in what they are not lawfully permitted to do: Plan for illegal warfare.

* * *

It is not appropriate for any attorney in either civilian or military circles to throw up their hands and say, “Whatever happens, we cannot control it.” Rather, you have a responsibility to decide whether you are going to take your oath of office seriously: By taking action to stand with those who refuse to engage in unlawful war.

What is most disturbing about American jurisprudence is that there is the absurd notion that there has to be a “victim” or someone to show “standing” for there to be a claim. These are war crimes. There is no victim that has to appear; when there is a crime, the issue is the Untied States against the defendants in the White Hite and Joint Staff.

* * *

I expect to hear a discussion of what is going to happen. I want to hear a discussion of the reasons the Joint Staff and US Attorney are not reviewing these criminal matters; and I want to hear a straight story from the Congress as to what lessons, if any, have been learned from Iraq to ensure that court motions related to this illegal war planning will or will not face meaningful court action.

At a minimum, I expect the Congress to review the issues of funding for the Joint Staff, raise a point of order and discussion to review whether the funds for this illegal activity do or do not constitute violations of Article I Section 9, prohibiting funds from being expended on any illegal activity.

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Grand Jury

Normally under the UCMJ, when there are issues of war crimes, the military handles the issue. The problem in this case is one of imminence of the illegal activity, and whether a civilian grand jury would be better suited to review the illegal orders from the President.

What’s needed is an immediate decision whether to empanel a civilian grand jury, or take the UCMJ route. Given the criminal activity is not isolated to the armed services, it would be appropriate to have a civilian empanelled grand jury.


The current discussions between the White House and Joint Staff are well known within DoD, and it is clear there message traffic between DC and Nebraska is peaking. The B-2 Units within Missouri have also been activated and the orders are being prepared. Civilian contractors have also been notified for purpose of providing munitions support for the bombing. This message traffic, and the materials purchase orders are admissible.

At the heart of the Grand Jury review will be the issue of the US Code, the laws of war, UCMJ, and the Geneva Conventions. It would be appropriate if there was a dual US Attorney-JAG oversight of the Grand Jury to ensure that the review of the evidence is timely, and focused on the relevant military documents.

You will want to review the message traffic between the White House and Joint Staff related to the timing of the strikes, and the known concerns with the Joint Staff that the Iranian targets are not bonafide military targets.

Central to your investigation will be the capture, review, and organization of information related to the relationship between the intelligence gathered, and the timing of the targeting in Nebraska at Strategic Command. The problem is that despite the presence of the JAG and Joint Staff concerns with the non-military targets, the planning continues against Iranian targets which are known to have no clear imminent military threat. Rather, the White House as the Joint Staff well knows is issuing orders to target locations which have dubious military value.

* * *

There are specific combat targeting crew lists. The orders of the military personnel are strictly to obey only lawful Presidential orders.

In the event the Grand Jury is unable to make any findings of facts or issue indictments before the first bombs hit Iranian Targets, the war crimes will then include not merely planning but also execution of those war crimes.

The issue will be to explore at what point in the planning and execution phase a reasonable military member engaged in the combat targeting would know, or should have known, that the Iranian targets provided no bonafide military value, constituting a violation of the Geneva Conventions and UCMJ.

* * *

The B-2 units are only one of the state-side military systems being planned. Also included will be the B-52 and various air-to-ground weapons systems from locations within the Middle East, and Diego Garcia.

Regardless the actual force employed, the primary concern is that once military units located stateside engage in illegal warfare, those CONUS units will become subject to lawful reprisal under the laws of war. If the US, by the actions of Congress, abrogates the Geneva Convention, then no other nation including Iran may choose to feel bound by the provisions the US ignores.

The issue is the imminence of retaliation, safety of life, and the imminence of civilian casualties immediately around Whiteman Air Force Base where the B-2 crews are currently stationed.

* * *

If the Grand Jury fails to timely prevent or issue indictments, and the air campaign broadens, there is the real risk that air crews located at the Air Force Training Command pilot training bases will be targeted with counterstrikes.

The targeting is expected to include surface to air missiles, and efforts by teams to target, kidnap, and otherwise bring harm to the families of the air crews currently in training. If the direct attacks on the training and operational bases are insufficient to mitigate the expected increase in illegal bombing, we judge it likely that US civilians and military personnel at the supporting training facilities and air training centers will be targeted for purposes of interfering with the flow of pilot trainees from the cadet area, the bus upload points, and to the travel routes from the Cadet area to the training fields several miles away..

We expect the targeting to not simply go after the officer air crews who provide the training to cadets, but also the specific transportation support infrastructure to move cadets from the Air Force Academy to the training field. Above the Academy is the Rampart Range which is not sufficiently protected, and we expect the cadet area to come under increased surveillance for targeting.

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At not time should the Grand Jury miss the core issue: The problem is that the President and Joint Staff have no evidence of illegal activity, but they are actively planning to engage in war crimes against Iran. It remains to be seen what the world nations do in response.

The problem at this point will be to get timely information from DoD, and a list of the Air Crews that are involved in the targeting in Nebraska; and those crews that are actively training to conduct illegal bombing missions within Iran.

Central to the Grand Jury’s review will be the identification of funds, orders, and military personnel. These can be easily found through Columbus Defense Finance and Accounting Service (DFAS). The air crews are also on the graduation orders from the Under Graduate Pilot Training Centers.

At each base is also a list of the recall and emergency rosters for non-communication notification. These are lists which the air crews use to notify each other in the event that all commercial power is destroyed, and they have to physically move from home to home notifying their peers and subordinates of orders to report to the base. Each air crew is familiar with the recall notification procedures and the list of personnel he or she is required to notify.

* * *

If the Grand Jury does not get cooperation from DoD in identifying the specific crews and military personnel assigned, then there are some reasonable options you can use as a backup. The purpose of this discussion is merely to identify the alternate locations and sources of information you can use to send a clear message: Not only can the military get into trouble for not cooperating, but we the Grand Jury can find out the information we need using sources that may be more difficult, but can be used to check the information you provide us.

* * *

The discussion below outlines the sources of information the Grand Jury can review to identify he specific military personnel who are engaged in the illegal planning.

  • Phone Books

    DoD has a central phone list which personnel within the Congress and DoJ regularly use for contact. With thin the DoD phone list you will find the commander names, and the names of various units.

    One thing DoD will do is provide old phone books with outdated office symbols. The new office symbols can be cross checked with the central lists located within the Civilian Personnel Office, which has a mandatory filing requirement with the US Post Office for changes of address and other information.

  • Base newspaper home sales

    Base newspapers provide information on the sale of homes and other events. You will want to find the phone numbers of the personnel who are arriving and departing during the times that the air crew training ends. Your goal should be to find those air crews that are moving between the UPT bases, and then transferring to the base where they are going for upgrade and final assignment. Typically the air crews will send message traffic inviting their spouses to attend graduation and observe live flights upon graduation.

    The grand jury’s goal is simply to send a message to DoD: If you refuse to cooperate with us, we can specifically direct the civilian personnel around the bases to provide us directly with copies of the base newspapers and we can find the names of the realtors, the names of the military clients, and identify the specific air crews which arrived and departed Whiteman Air Force Base.

  • DFAS military pay

    This is a unit located in Columbus, Ohio. Payment codes link the orders the flight crews have on their orders to the specific weapon system. The money goes from the Treasury, through the Pentagon Codes, and then arrives at the Members Hometown Bank.

    In the Even DoD is not cooperative on providing the payment accounts, or their travel orders, there is a way to find the information online. You need to simply search for promotion records of the military personnel, and one name will open the entire safe.

  • Graduation announcements

    When cadets leave the Academy or graduate from UPT, they will be given the chance to make formal announcements of their graduation. These offer lines of evidence for the grand jury to review:
    - When did the graduate report they were attending a specific UPT base;
    - When did they put in writing that they were going to graduate;
    - What videos or audio visual evidence did they post online depicting the graduation event;
    - When were the finally assigned to their operational-combat flying unit; and
    - When did they freely choose to cooperate with the illegal activity and unlawful warfare.

    Again, the point isn’t that this is cumbersome. The point is that if DoD refuses to cooperate, there are open source information available through the post office, public media, and other sources offering admissable evidence which shows exactly when the graduates were moving from their current base to their UPT then to their operational unit where they engaged in war crimes and illegal warfare.

  • Military hometown news release

    DoD is also one that will announce the status of school graduations. Although the information may be benign, what’s important is that there are specific hometowns identified, which then link us to high school classmates, and other source of evidence.

    Central to your examination of the hometown news release will be to look for the Six UPT bases, and Whiteman. Also, you will want to look for baby announcements, and graduation-alumni reunions which announce marathons and other sporting event results. These names can be cross checked against the original graduation records, confirming that someone is or isn’t an officer.

  • Credit card companies

    Outside DoD control is the spending military personnel place on their credit cards. Again, once you have narrowed the list of names down to the specific aircrews around Nebraska and Whiteman, along with the realtor names, you can then identify which crews you want to trace as they travel from the US to Europe, then the Middle East.

    Obviously, the B-2 crews will have only stateside purchases. However, the credit cards will be important to notice for the purposes of tracing their travel times, and then noticing expenditures which match reimbursement through DFSA when the military personnel go on Temporary Duty (TDY).

    The point isn’t to track their purchases, but to track their physical movements, and show that they were staying at the same hotels and attending the same conference and training meetings as those other military personnel who were also engaging in the illegal activity and war crimes.

  • Graduation books

    Each of the Service Academies has a graduation book. Graduates are assigned to various organization units. If you are dealing with NAVY personnel from Annapolis they are called midshipman; WestPoint and the Air Force Academy are called Cadets.

    In each of the services, they are assigned to corps, brigades, wings, squadrons, groups. This is important when working with backwards from your original crew lists, and identifying peers from the various services.

    Once you identify the organizational unit they have been assigned at the service academy, it is quite easy to then look for the names of their fellow graduates who have depart the service and may be in a position to provide the assistance DoD refuses to provide.

  • ROTC and Academy alumni lists

    At the 10 and 20 year points, graduates are encouraged to attend reunions. Also, once ROTC graduates leave their university they are known to leave their names, e-mail, and what units they are assigned.

    You will want to review these websites to identify the specific military personnel who are assigned to the areas of interest around DC, MO, and NB. Again, keep in mind this is a backup, it may take some time, but it is doable.

    * * *

    The Grand Jury’s job at this point is simple: TO identify the specific military personnel who are assigned to the planning, training, and operational units which are working to support the planned illegal bombing of Iraq.

    The point and message to the White House and Joint Staff should be clear: We know what you are doing; these are war crimes; and the personnel you are ordering to do this should know that they activity violates the laws of war.

    In the event that DoD is not cooperative, there are plenty of non-0fficial sources of information to identify, subpoena, and physically detain those who are engaged in the illegal war planning over Iraq.

    * * *

    It is a serious matter when the White House and Congress ignore the Supreme Court, and continued to asset to illegal warfare. It is clear the 5100.77 Laws of War program has failed.

    Ideally, the Congress should shut down funding and deactivate the units which are engaged in illegal warfare and the planning. This Congress defies their 5 USC 3331 obligations, and refuses to ensure that funds are only spent for lawful things.

    We the People retain sovereignty. Yoy are not permitted, nor were you granted any power to wage nor condone illegl warfare. You have to choose whether you are going to provide leadership, or be indicted for your complicity in war crimes.

    Make no mistake, this Congress and Executive despite the reminder from the Supreme Court that Geneva applies, are cooperating illegally to direct the DoD Joint Staff to continue the illegal activity.

    The Congress and Executive have to decide whether they want to be on the side that is lawful; or the side that is in defiance of the Constitution. There is no credible basis to assert that any member of congress has asserted their 5 USC 3331 obligations when they assent to illegal warfare.

    Putting aside the imminent loss of civilian life in Iran, the issue isn’t simply one of a potential risk of damage in Iran. The likely response will be specific targeting of the operational and civilian support systems within the Continental United States. By embarking on illegal warfare, this Congress and Executive by defying the Supreme Court have sent a green light to the world: You are free to attack us because America no longer is willing to engage in civilized conduct.

    Make no mistake. The world has already the means, capability, and the resources to fully unleash a combined counter strike, and directly target the crews stationed stateside, and bring physical harm to defenseless civilians.

    There is one person you can hold responsible for what is likely to happen: The President of the United States. He alone has issued the illegal orders to support unlawful warfare, and violations of the Geneva Conventions. He cannot claim there are legitimate military targets in Iran, nor does he know what he is or isn’t targeting.

    * * *

    The UN General Assembly now has a problem. Given the US has already threatened various nations with trade embargoes if they do not cooperate with the illegal warfare in Iran, the General Assembly will have to discuss the sanctions they will impose on the US.

    Also, at the core of this problem will be the State Governors and their Attorney Generals. The US Constitution Guarantees to each State a republican form of government, and defense. The President, by engaging in this unlawful war planning, subject each citizen in all 50 states to conditions which violate the Constitution: No guarantee of a republic.

    If the Congress is not willing to shut off funding, then under the laws of war and the Constitution, the States may choose t find that they are under an imminent attack, and that the Congress – contrary to its Constitutional obligations – is not in a position to provide the defense. It is likely that the States will create alliances to protect them from likely DoD attacks and movements.

    Unless the President comprehends the scope of the illegal activity, and the Joint Staff resigns or refuses to follow these illegal orders, we may be on the verge of the Second American Civil War.