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Friday, August 18, 2006

FISA Conspiracy: Draft Grand Jury Indictment

Draft Indictment against personnel at NSA, DOJ, EOP, and other civilian contractors.

[Subject to change without notice]

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Padilla: Distinctive, non-duplicative charges required in re conspiracy.

50 USC 30

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Count 1: Violation of FISA -- Refusal To Comply With Warrant Requirement


While serving as President, defendant GEORGE W. BUSH did assent to, permit, and failed to stop the illegal violations of the FISA and US Constitution. He openly admitted that he did authorize the illegal activity, and failed to deny in public statements that he was not aware of the illegal violations of the law. The President repeatedly admitted that he used illegal procedures outside the FISA court to review the program on a periodic basis.

While serving as Attorney General, ALBERTO GONZALEZ was instrumental in organizing, directing, planning, and approving procedures which violated the US Constitution. Alberto Gonzalez was duly licensed to practice law before the State of Texas. He is a trained attorney and recognized legal scholar in the State of Texas. Contrary to public assertions, Attorney General Gonzalez knew, but failed to follow, the FISA requirements. His conduct amounts to reckless disregard for clearly established rights.

While serving as chief legal advisor and consultant to the Vice President, DAVID S. ADDINGTON was instrumental in formulating, devising, and crafting policy with one objective: To illegal create a scheme to violate the clearly promulgated statutes.

Other alleged co-conspirators: To be named.

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Count 2: Violation of US Constitution

The United States incorporates by reference all of the above by reference, in alleges.

Defendants were individually, and jointly responsible for violating the 1st, 4th, and 5th Amendments of the US Constitution; and were jointly responsible for the illegal usurpation by the Executive of Legislative rule making and Judicial interpretation power.

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Count 3: Obstruction of Justice

The United States incorporates the above by reference, and alleges:

Defendants did thwart the DoJ OPR from reviewing the illegal activity. Defendants jointly conspired to delete, destroy, and otherwise prohibit the US Attorney Fitzpatrick and others from reviewing evidence.

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Count 4: Conspiracy to Deny Rights, 28 USC 241

The United States realleges each point above by reference, and alleges:

The conduct of the parties amount to a conspiracy. Defendants did agree and knew the objective of their joint plan was to violate the FISA statute, and US Constitution.

The defendants jointly agreed to violate FISA; voluntarily and intentionally agreed with each other to violate FISA; they all knew at the time of the agreement that the conduct violated the law, and that the objective of their efforts was to violate the law.

In order to achieve this unlawful objective, they crafted memos, mislead Congress, failed to comply with Title 50 mandatory reporting requirements to Congress, and engaged in non-Judicial oversight of rules which Congress did not pass or authorize, as otherwise required under the Constitution and FISA Statute.

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Count 5: Violation of Oath of Office, 5 USC 3331

The United States incorporates by reference all of the above, and alleges:

Each defendant did fail to fully execute their oath of office. Defendants had specific, clearly defined ministerial duties to complete. They failed to follow these clearly defined, well crafted, and lawful orders.

Defendants had a duty to perform, execute, implement, follow, and enforce these laws. Defendants failed to follow the law, and otherwise refused to do what they knew they had a duty to perform.

Defendants on the DoJ Staff, as incorporated by reference here, are also subject of the indictment.

Defendant Individual Members of Congress, incorporated by reference here, did refuse to assert their 5 USC 3331 oath of office. They had individual, particularized, and specific ministerial duties to enforce the law, but refuse to prevent violations that they otherwise should have known were illegal and unconstitutional.

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Count 6: Unlawful Classification of Illegal Activity

The United States incorporates by reference all the above, and alleges:

Each of the individual defendants individually knew, and jointly conspired to classify evidence of illegal activity. They knew, or should have known that this conduct was contrary to executive orders, as promulgated and clearly established.

While working with, through, and in conjunction with the National Security Counsel, individual defendants did know or should have known the conduct was not lawful; and did violate the law prohibiting the suppression of evidence related to illegal activity.

Individual defendants knew, or should have known, that DoJ Staff attorneys were unlawfully attempting to induce, intimidate, interfere, unlawfully affect the outcome of deliberations, and otherwise thwart lawful efforts by authorized officials to review the illegal activity.


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Other Alleged Co-Conspirators

Specific allegations and indictments against:

  • Addington

  • Cicconi

  • Coppolino

  • Haas

  • Haynes

  • Keisler

  • Moschella

  • Viet Dinh

  • * * *


    Each of the defendants should be lawfully indicted. Only the President may be removed from office by Congress.

    Defendants Gonzalez, Addington, Yoo, Moschella, Haynes, Viet Dinh, Keisler and other DoJ Staff Attorneys are professional attorneys and, if convicted of these felonies, should have this indictment reported to the Attorney disciplinary boards in the Republic of Texas, Pennsylvania and the District of Columbia, respectively.

    The information contained in this indictment related to the President shall be provided to the Speaker of the House, and is privileged under House Rule 603. The House shall take a vote on the matter for purposes of deciding whether to investigate further, or formally charge the President, and then refer the matter to the Senate for trial.

    The Grand Jury shall be encouraged to produce a public report related to their findings, conclusions, and recommendations for public access. Ref

    DoJ OPR discovery plan. Ref

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    Sample Indictments

    Ref: Sample DoJ Criminal Indictment in re Conspiracy. Note "method and means".

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    Jury Instructions

    5 USC 3331

    135 of 588

    18 USC 241: 18 USC 241


    Ref US Attorneys are allegedly in receipt of material information linking (a) illegally intercepted information with (b) unlawful kidnapping, rendering, and illegal abuse. This alleged US Attorney misconduct violates [1] specific, clearly promulgated ministerial duties to gather facts; Brady and Geneva; and [3] the US Attorney oath to protect the Constitution.

    Defendant-attorney individual, signed oath of office, 5 USC 3331.

    Defendant-US Attorney or Asst. US Atty individual, signed oath of office, 28 USC 544.

    - -

    Ref: Yahoo e-mail lawfully intercepted. E-mail discussion in re Bancroft, DoJ, and Viet Dinh. Sent to party familiar with NSA, DoJ, and Bancroft issues.

    Ref Intercepted e-mail via Yahoo; Discussion in re Bancroft, DoJ, and Viet Dinh, and parties outside DoJ.

    Ref Helix1: NARUS STA 6400 Evidence line in re AT&T et al.

    Ref Helix2: Verizon Evidence line in re billing.

    Ref Helix3: Contract mechanism to "authorize" data transfer; permit intermediary and NSA access to data; and prevent disclosure of illegal FISA violations. Objective of the arrangement illgally violates Executive Orders which prohibit classification of illegal conduct.

    Ref Helix4: Funding flows through NSA intermediaries.

    Ref Gonzalez Testimony Before Senate Judiciary, 6 Feb 2006.

    Ref Gonzalez admits to working with President to thwart lawful DOJ OPR inquiry; and failing to investigate matter personally; and fails to remove himself from the unlawful conspiracy.

    President Statement in White House.

    Addington memo comments to DoJ Staff Bybee and Gonzalez.

    Attorney Fitzpatrick Affidavit in re destruction of evidence by White House, Vice President, and other key staff.

    Ref Vice President publicly affirms sentiments behind the illegal conspiracy.

    Ref Doctrine behind the illegal conspiracy had its roots in the Iran-Contra Minotiry report, where Addington well demonstrated his ability to promulgate inapposite legal authorities.

    Ref 15 of 15: DoJ OPR mandatory reporting requirements for DoJ Staff are clear on severe matter related to illegal violations of rights, and other conduct that substantially thwarts, obstructs, delays, or otherwise materially affects the rights of American civilians and their enjoyment of their well promulgated and clearly established Constitutional rights.

    Ref Adverse inferences in re Cheney and the illegal conspiracy.

    Ref It was well known to casual observers of the court that it was illegal to classify evidence of criminal activity. There is no excuse for a well trained, board certified, duly licensed, and Senior Executive Service employee or DoJ Staff to feign ignorance about these well promulgated, clearly established requirements in the Executive Orders prohibiting illegal classification of the FISA violations. Lawful requiremetns shall be enforced [ Hamdan ]; however the National Security Council and NSA Management working illegally with the DoJ Staff Counsel and others illegally conspired to circumvent these lawful requirements and specific, clear ministerial duties.

    Ref DoJ Staff were reckless in their duties. While they knew, or should have known the conduct was a severe violation of the law, they recklessly engaged in non-official business while at their work stations, failed to prevent the illegal activity; did not remove themselves from the conspiracy; and otherwise failed to report as required to the DOJ OPR mounting evidence related to the illegal conspiracy.

    Ref Individual Defendant Members of Congress were formally given fair notice of their legal obligations; but failed to review, vote on, or investigate the allegations contained in a 603 complaint from the Citizens of the State of Vermont. The allegations were properly provided to the Speaker of the House. The Speaker of the House failed to assert his 5 USC 3331 oath of office, and failed to take action within his power that would otherwise prevent, stop, end, cease, and review the illegal activity.

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    Supporting Material

    Ref House Rule 603: Grand Jury May issue indictments against President.

    Ref No immunity for violations of human rights. See #14

    Ref Sitting President May be Indicted Ref Impeachment related cases may not be pardoned. See #34