Iranian President Discusses American War Crimes
President Ahmadinejad,
May God find you and your family at peace and safe.
I write to express my appreciation for your appearing on the CBS News 60 Minutes with Journalist Michael “Mike” Wallace. During your interview you mentioned the American occupation of Iraq, and the responsibility of the United States to ensure the Iraqis were provided safety. From what I gather, the Iranian leadership is understandably concerned that the United States is not complying with its Geneva Convention obligations: To ensure the occupied land is provided security.
Indeed, it is a separate matter whether that occupation is linked with an illegal invasion. However, it appears as though the Americans are concerned with war crimes liabilities:
The United States Attorney General has met with United States members of Congress to change the rules related to war crimes enforcement. The US White House realizes it has a problem, and hopes to retroactively change the laws so that US policy makers in the White House and Congress are not held liable for war crimes.
In the open media, the former Nixon General Counsel (chief legal advisor) Mr. Dean was asked about the US War Crimes. He was asked a question related to his new book, “Conservatives Without Conscience” – whether there might be a trial for American leaders for war crimes. He was not clear in his answer.
My reason for writing is to acknowledge the apparent world concern with American war crimes. However, there is a deeper issue. As you well know, after WWII the Germans were indicted for war crimes. But the responsibility for the war crimes was not isolated to the Germany military, but also to members of the legislature, and civilians who provided material support to the German war machine.
In 2006, evidence is emerging that Verizon has long known about the illegal use of its equipment; and it appears as though Verizon and the other telecoms know well that the National Security Agency, White House, and Department of Justice have used information to move Americans from the United States to other locations in Europe and North Africa. We have heard estimates that the number of American citizens being illegally tortured, abused, and detained under this Presidential program numbers in the hundreds, perhaps more than 600.
The point is that Iran, Hamas, and Hezbollah appear to be the only option Americans have to act as a counterweight to the spreading abuse of power. The issue is simple: Could the Iranian people speak publicly on this issue. Perhaps you could discuss the issues with your staff:
The current legal proceedings against Verizon and AT&T are on hold. The 9th Circuit Court of Appeals is reviewing the matter. The court led by Judge Vaughn Walker plans to resume the proceedings at the end of Sept 2006.
Public evidence reveals that Verizon General Counsel is fully aware of the legal issues. In the late 1990s Verizon and the other telecoms were fully briefed and fully aware of the legal issues related to lawful use of their technology.
Before the Congress, Verizon General Counsel spoke about their commitment to ensure that their technology was only used for lawful purposes. However, the evidence in the Verizon e-mail systems proves the opposite:
Regardless how one looks at the National Security Agency, the evidence is mounting that the White House was directly involved, aware, and failed to stop illegal war crimes. Moreover, given the current Department of Justice Attorney General discussions with Congress, it appears as though the United States Government – both the Executive Branch and Members of Congress – have a problem, and more importantly, know they have a problem:
The issue going forward is simple: The United States leadership has refused to assent to the rule of law. It has engaged in war crimes and the International Community must speak out. Moreover, it is time that the UN General Assembly takes this issue and face what we have: The United States is a rogue nation, and its government personnel and contractors are actively engaged in ongoing war crimes.
The evidence is clear within the Department of Justice and Verizon. The open information is entirely consistent with lawful war crimes trials, indictments, and prosecutions. Individual members of the national security counsel, the Department of Defense Contractors, and individual attorneys within the Department of Justice know that they have a real problem with war crimes. They could lawfully be prosecuted for war crimes.
This American leadership has refused to follow the laws. It is one thing for a nation to internally abuse its citizens. The problem facing the world is that the United States, its legal community, its military professionals, and its policy makers in Congress have refused to stop what is not lawful.
It is reasonable for the Untied States to be expected to meet its obligations. It is also appropriate for the world to remind the United States that its Geneva obligations are something that its Supreme Court has affirmed are requirement. It is also appropriate that the international community remind the United States leadership that it must follow Geneva. Further, it is appropriate for the international community to remind the world leadership that if the United States is not forced to follow Geneva, then it is reasonable to expect the United States to continue abusing other people.
The United States has enjoyed world prestige following World War Two (WWII). However, this prestige and standing does not give the Untied States leadership, national security agency, or the lawyers in the Department of Justice the permission to violate the laws of war. Rather, the Supreme Court in the Hamdan-case [Hamdan v. Rumsfeld] clearly emphasized that the Geneva Conventions are mandatory requirements and obligations for the United States leadership, military personnel, and contractors to follow.
It is appropriate for the international community to discuss in August 2006 these issues:
Under the laws of war and the Geneva Conventions any nation may conduct war crimes prosecutions. Indeed, it is appropriate to ask the world community: Who is in a position to ensure the safety of the American prisoners while they are being detained, prosecuted, and brought to justice.
Ideally, it would be nice if there were public trials in the Untied States and the international community was invited to provide evidence. In practice, the United States government is not cooperative when it comes to accountability. Thus, it is appropriate for the international community to openly discuss the following issues:
If the United States Department of Justice Office of Professional Responsibility is denied access to information related to illegal DoJ Attorney Conduct, may the international community use this evidence of blocking an investigation as a reasonable basis to conclude that the President and Attorney General do not want evidence related to war crimes revealed?
If the United States refuses to follow the Geneva Conventions, what power does the World Trade Organization have to impose economic sanctions on the United States?
The Americans have failed to deny information about the rendition program, the practice of removing people from the United States, and detaining them for abuse in Europe. Following the Hamdan ruling by the US Supreme Court, there were discussions within the Government about what should be done at these remote locations. The issue was simple: Because Hamdan affirmed Geneva was a requirement, this meant that the CIA had a problem at these remote locations. In short, the US Government concern with violations at these remote locations confirms that the remote locations are real, and that the Untied States knows that there have been Geneva violations.
In that spirit, under the laws of war, when the Untied States violates Geneva – and transports people from one location to another – other nations may lawfully violate that same provision. In short, if the Untied States says that it is permissible to transport, move, kidnap, or otherwise detain people, then other nations may lawfully do the same to those who have allegedly violated the laws of war. This list includes:
The issue before us is simple: What is to be done when the United States continues to violate the laws of war, and refuses to act with self-restraint. World War II is a useful guide: A nation that is not stopped, will not stop.
The United States has already waged illegal war in Iraq. The American resources are limited. The United States government has shown that it is incapable of defending its civilians at home. Also, the American government has a problem: The state governors are not willing to blindly turn over their state resources to the President: They have refused to permit the President the authority to take, without State Governor permission, national guard troops from the States and federalize them during natural disasters.
Also, the defeat of Senator Lieberman in Connecticut is important: it shows that Americans are not willing to support leaders who are unwilling to stand up to abuse of power, or illegal use of forces in Iraq.
The way forward is for the international community to remind the American leadership of something very simple: You must assent to the rule of law; or the international community will join forces and lawfully intervene in the United States, and forcefully remove the alleged war criminals from their homes, and render them to international courts for prosecution.
Americans are in no position to lawfully prevent this from happening; they are also in no position to continue the war crimes. It is time for the Americans to realize: this is not sustainable, and the international community is well positioned to take action. The world community:
The open evidence of the American war crimes is well known and documented. The problem the American legal community has is that it refused to deny what it should have denied. This is a problem, and something very important: The initial response the Verizon General Counsel staff gave was opposite what they want us to believe. Failing to deny something is something that can be admitted to a court of law.
The evidence linking the Verizon with the Department of Justice is clear. The same personnel within the Verizon General Counsel’s office have been linked with personnel at firms which conduct the billing activity; and also the firms which provide the warrants to get access.
Also, it is clear that the Verizon General counsel has made public speeches to Congress and provided sworn testimony before Members of Congress about their concern that the laws related to interception of communications be lawful. This is important for one simple reason: It establishes that the Verizon General Counsel knows full well what their legal obligations are; that they were well aware of the legal requirements; and they repeated their assertion that their technology would only be used for lawful purposes. The facts prove the opposite: E-mail has linked the Verizon General Counsel’s office to the direct knowledge of the Communications requirements; and with the firms that were engaged in the illegal transfer of files and information.
The problem the National Security Agency, Department of Justice, and the Verizon firm have is simple:
Open source information affirmatively links the Verizon General Counsel’s office with e-mail traffic to the very firms which fall outside the denials they’ve provided to the state of Maine, New Jersey;
The Verizon General Counsel’s office was in attendance at conferences where they were told of the lawful interception requirements; and were well aware of the intermediaries which would permit the National Securities Agency to get access to the Verizon data without Verizon having to directly provide that information;
The Verizon General Counsel, despite using the intermediaries, knows full well that it has permitted the NSA to get access to Verizon facilities on the assumption that that authorization was lawful. However, they also know there is a problem with violations of FISA, and their refusal to do what Qwest did.
E-mails available in locations outside Verizon or NSA control affirmatively link the Verizon General Counsel, the Department of Justice, the billing companies, and the intermediary companies which gather the subpoenas. These firms have also been linked to the White House communication system, information technology, and discussions between the White House staff, Senate Intelligence Committee, and the Department of Justice Staff Counsel.
Verizon e-mail systems have a stored e-mail record of their General Counsel having requested information related to these legal obligations; and there is subsequent Verizon e-mail traffic related to their discussion of these legal obligations. There is no basis to believe that Verizon General Counsel were not aware of FISA, the communications law, or other requirements and obligations under Geneva;
The Verizon General Counsel has been linked with the European Union, and they knew or should have known that the Geneva obligations were real and did apply to US operations in the Rendition program. The Verizon General counsel should know that the information they are providing to the NSA and/or permitting NSA to get access to is being used illegally by the United States to unlawfully detain, kidnap, transfer, and then abuse American citizens in the Rendition program;
The Verizon General Counsel have refused to remove themselves, and continue to cooperate with the United States Department of Justice in the illegal use of this information to further engage in war crimes;
The Verizon e-mail system has been affirmatively linked with, and the evidence shows that the Verizon General Counsel fully knows it has a legal problem with issues related to war crimes, Geneva violations, and the unlawful use of military forces directed against civilians. These are grave Geneva violations.
The Verizon E-mail system has also been lawfully penetrated. There are confirmed copies of Verizon Staff counsel discussing the legal requirements they have to follow the law with their peers in the American Bar Association, and other DC- based technology related industry associations. There is no dispute that the Verizon General counsel’s comments at these public forms directly contradict what they have documented in the private e-mails: That there is illegal conduct; they have a problem; and they have violated not only domestic US law but are actively supporting war crimes and violations of international law.
In short, the evidence is broad, wide, open, and deep. We’ve only scratched the surface. In the early weeks of October it is expected that the American government will take action to distract attention from the war crimes revelations. They have one objective: To unlawfully affect the election outcome.
The international community has long known the Americans have abused power illegally, and that the Americans have engaged in war crimes. Please encourage your friends to discuss the following issues:
During the Iran-Contra Affair, then Representative Cheney said that there should be open investigations to find facts. There is no dispute that David Addington knows full well that he has a war crimes problem. What is the reason that the Vice President's Chief of staff is not willing to see that it is only a matter of time before he is indicted for war crimes?
The time to remove himself from this conspiracy is now. The evidence is mounting. Nothing can be done to hide the evidence of war crimes. Rather, it is time to exercise the leadership of Mr. Dean who appeared before the Congress to share all.
Unless the American leadership is willing to exercise self-restraint, and assent to the rule of law, no other nation on the planet needs to engage in dialog. Rather, the Americans have shown that they will use illegal force to wage unlawful war; yet do nothing when it can be shown that Verizon General counsel has fatally refused to deny something that is illegal: The unlawful use of Verizon technology to support illegal violations of the US Constitution and Geneva Conventions.
It is time for the Americans to choose: Are you going to assert the rule of law at home; or must you be compelled to assent to the law through the use of force. The United States has underestimated the resolve of the Iraqis. It failed to comprehend the determination of Hezbollah. On both fronts, the American military has been defeated, worn down, and has unlawfully supported illegal warfare.
These are not consistent with Geneva. They are also a violation of the 5100.77 laws of war program. There is no dispute that the concern within Congress and the Executive branch is grave: they know they are complicit in war crimes. Verizon General Counsel also knows it has a major problem: It failed to deny something that it should have denied.
The evidence is open. The evidence is real. The truth can be understood. Americans must be reminded that unless they compel their leadership to assent to the laws, other nations may lawfully compel the Americans to do so.
It is not acceptable for anyone to smile with glee that there could be a military confrontation. Some have giggled with delight with the prospect that there could be a final showdown in the Middle East. They are relying on something that cannot be proven to justify actual abuse and illegal activity.
It does no matter what their beliefs are. God’s word is clear: Thou shalt not kill. It makes no sense that God would want you to defy his word, then reward you for your defiance.
Those in the American religious community who choose to stand with Israel as they wage illegal war are complicit with war crimes. You have no defense. You may not invoke the Holocaust of WWII to justify Israeli abuse in 2006. WWII ended. It is over. That despite no longer has any bearing on Israel’s military obligations under Geneva.
The facts are clear: Israel was illegally inside Lebanon when its troops were detained. Nothing the NSA or Verizon may argue justifies any illegal activity.
The problem is simple: America is a rogue nation. It defies the rule of law. Rather than exercise self-restraint, it continues to squander prestige, power, and resources.
American leaders are putting American citizen’s lives at risk. Unless the American leadership is willing to assent to lawful fact finding and war crimes prosecutions, the international community has been given by the Americans only one option: The requirement to resolve this dispute on the battlefield.
The Americans have been defeated. Victory is not something you simple assert; it is something that improves the situation. Hezbollah and the Iraqis provide simple reminders that the National Security Agency and American Central Intelligence Agency are not being effectively used. Rather, they are being used as tools to advance an illegal agenda. It is inappropriate that the American government spend time training analysts to review information, only to have that information twisted to support a perverse, unlawful outcome.
The case studies from WWII are simple: The world well knew of the Holocaust, but failed to timely act. The case studies for the CIA and NSA analysts are also full of examples of what happens when reckless leadership chooses to embark on reckless wars: They are ultimately defeated.
Despite the information from the NSA and CIA telling this White House it has a problem, this White House and Department of Justice continue to believe they are immune to war crimes. They are wrong. They are outnumbered. The world knows. The evidence is open.
DoJ Staffers can be lawfully hunted down, and lawfully rendered to international tribunals for war crimes. There is no statute of limitations on war crimes. Nothing Congress does or says will immunize the DoJ Staff or Addington for their complicity with this illegal activity.
The Supreme Court has already spoken: Geneva applies. This American leadership, despite the ruling by the highest court, has now embarked on another campaign to avoid liability. The international community can comprehend the dance. Bolton knows full well that he faces another round of questions at his Senate Confirmation, but he continues to spew forth non-sense about who does or does not have obligations and whether they have or have not met those obligations.
Unless the American Congress is willing to enforce the law, the international community will have to. Either the Americans can freely cooperate with the lawful proceedings, or those proceedings may lawfully be imposed. At this juncture, there is no dispute that Verizon knows fully well that is has failed to initially deny its involvement in this illegal activity; and the Verizon General counsel knows that it is illegally supporting illegal war crimes around the globe. The evidence is not in dispute: It is open, available, and outside Verizon’s ability to control or destroy. The issue is whether the American legal community will comprehend its legal obligations and move swiftly to assert the rule of law; or whether outside military intervention is required.
Regardless what may or may not happen between now and November 2006, make no mistake: The Geneva Conventions are eternal obligations on the Americans. You may forever be lawfully hunted down, prosecuted, and indicted for war crimes. You must decide whether you want to assert the rule of law; or whether you want to have the rule of law imposed on you from without.
The American military and intelligence community are not on the same page as the civilian leadership. Civilian control of the military also comes with it the responsibility to lawfully use that military and control it. This American leadership has done the opposite: Ignore the violations of the law, then blame others for their incompetence, and recklessness. The problem is that the intelligence community has been given a perverse objective: To continuously make the case that it is a loyal servant to those who commit war crimes. Intelligence analysis isn’t simply trying to make the case that you can solve a problem -- It also means telling the leadership the truth: That they are unlawfully engaged in illegal war crimes, and that the members of the intelligence community cannot lawfully tell them anything else. It is not the role of the intelligence community to pretend your job is to convince criminals that you need to be listened to or respected. Rather, war criminals have no respect for the rule of law or your war crimes case studies.
The same people involved in the botched Katrina response, are the same staffers involved in the war crimes planning and execution. They are staffers on the National Security Council; and they are in a position to provide evidence of war crimes planning. To date, they have illegally refused to remove themselves from this illegal activity. Despite their inaction, non-cooperation, and agreement to continue supporting illegal war crimes, the open evidence clearly implicates the National Security Council. There are written procedures, message traffic, and mandatory reporting requirements which are known, and can be traced.
The American intelligence community fully knows Geneva, 5100.77, and the law. It is your job in the American intelligence community to decide whether you are going to assert the rule of law; remove yourself from illegal conduct; or require another defeat on the battlefield. You may have sophisticated technology, but you are on the wrong side of the law. Other nations know this. Your arrogance and reckless disregard for your 5 USC 3331 oath of office inspires the very terrorism you claim to wage war against. You know that your leaders policies are backfiring; and you also know that you continue to support and actively contribute to war crimes.
In the end, you shall be compelled to assent to the rule of law, and you will have the opportunity to read the memoranda from Verizon which well discusses their open refusal to deny what they know well is occurring: Violations of the law.
Americans have for too long pretended that the best intentions of their elected officials were with them. The available evidence shows the opposite: The national command authority, civilian legal counsel, and the Members of Congress have actively chosen to do nothing while well known war crimes have been perpetrated. Verizon has fatefully failed to deny its involvement in this illegal activity; rather, the Verizon General counsel has left open the option that Verizon has provided access to the National Security Agency so that the NSA may engage in illegal activity, and provide intelligence to wage illegal warfare.
The Verizon General Counsel, as the DoJ Staffers well know, are subject to US law and the State Bar Disciplinary System. Despite repeated messages to the American Bar Association, the American legal community has failed to timely exercise leadership, nor has it compelled the legal community to assent to the rule of law. These are serious allegations of war crimes. These war crimes satisfy the mandatory reporting requirements under the State-level disciplinary system to be a mandatory reporting requirement by the American Bar Association under the peer-reporting process. This oversight system has failed.
It is not a matter for the international community to dictate terms how the American Bar Association is or is not regulated. But as with Nuremburg, when the results of that failed governance intrudes upon the sovereignty of other nations, and otherwise permits illegal violations of international law, then the international actors have something to say. But words are insufficient to compel the Americans to assent to their freely chosen professional standards. The Americans have demonstrated that despite Geneva, the Model Rules, the Supreme Court, Hamdan, 5100.77, and the AICPA SAS99 auditing requirements, the Americans will continue to rubber stamp war crimes. What is most disturbing is that despite Article 1 Section 9 of the US Constitution that prohibits spending money on illegal things, we see the results: Money has been spent on illegal war crimes.
The international community sent a wakeup call to the Americans in Iraq. The Americans have had a second wake up call from Hezbollah: Even if you defy the law, there are forces fully capable of standing up and compelling the war criminals in the White House, DoJ Staff, and Verizon to assent to the rule of law. If you refuse to assent to the rule of law, then you shall be defeated on the battlefield.
It is time for Americans to choose: Do you wish to assent to your own laws; or must you be compelled through the actual use of force to comply with your oaths office, professional standards, and freely chosen Constitution.
Choose.
The Joint Responsibility of Members of Congress and Executive Branch Staff To Formulate, Implement, and Enforce Lawful Policy Attaches With It The Joint Accountability For Violations of the Laws of War, War Crimes, and Policies That Violate Geneva.
Mr. President, I hope that the words above find you with the spirit that they are intended: To speak openly about issues that some in American comprehend. I do not claim to speak for the American government. However, I am comforted to know that someone on this planet, such as yourself, has shown the leadership in discussing issues of American war crimes and American responsibility to follow Geneva.
Despite our Supreme Court stating clearly that Geneva is a requirement, these obligations and requirements appear to have been ignored. At best, the Congress hopes to pretend these requirements are not going to be enforced. This is a bad sign and shows the world that Congress is not willing to exercise self-restraint, nor is it willing to enforce the law. Members of Congress may lawfully be indicted for war crimes when they refuse to stop what they know or should know is a violation of the Geneva Conventions.
Our system of government separates the enactment of policy in the Executive Branch from the branch that formulates policy: The Legislative branch. Where there are policies that, when enacted, violate Geneva, the war crimes liability for that illegal policy rests with both the Executive and Legislative branches. There is no immunity for anyone in Congress for their illegal assent to, and refusal to stop these illegal ea crimes.
The issue before us is simple: What is to be done. I look forward to you continued public statements and leadership on this issue and your ideas. National security is about lawfully asserting power to ensure our people remain safe. It is contrary to American interests to assert unlawful policies and programs. It is time for the discussion and dialog to continue: What is to be done about the American war criminals in the White House, and those in the Congress who have failed to prevent the unlawful activity by Verizon that supports these illegal war crimes.
There is no need to personally respond to my individual letter. I trust that you will be given in the coming days ample opportunity to speak on these matters.
Best wishes, and again may God find you and your family safe.
posted by Constant @ 9:28 AM
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