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Saturday, August 05, 2006

NSA: DoJ Illegally Classifying Evidence of Illegal Conduct

Maine has gotten a letter, as has New Jersey. It's the same non-sense.

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The key things to remember about the NSA activity is:

  • Illegal activity may not be lawfully classified.

  • We have open information confirming that the conduct is illegal.

    * * *

    ORCON rules under the Executive Orders prohibit anyone from classifying illegal activity.

    Rather than be responsible for the illegal activity, DoJ has pretended the information is "classified." This is a known misstatement of the law.

    The truth is that DoJ Staffers know that what they are saying is wrong. Rather, their President has violated the law.

    It is illegal to block the states from reviewing these matters. Ref

    * * *

    Ref DoJ Is worried that once the states making findings of fact, that no Federal Court will be able to throw this out. The precedents at the link show the Federal Court will have to accept what the states conclude; and no Federal Court may ignore what the states interpedently discover.

    Keisler's assertions that this is "classified" is a sham. He knows the conduct is not legal; and he also knows that the DoJ Attorney General has lied to Congress. Keisler has a mandatory reporting requirement to the DoJ OPR, which is the group within the DOJ That reviews evidence of DoJ attorney misconduct. Keisler appears to have violated this mandatory DOJ OPR reporting requirement on evidence that he knows, or should know, raises substantial questions about the Attorney General's misstatements before congress.

    We know the Attorney General has lied to Congress about the NSA and FISA violations, ( thereby triggering a DoJ OPR reporting requirement on Keisler), because of open information which is not classified.

    The Attorney General incorrectly stated to Congress that DOJ Staff attorneys were "too busy" and there were "not enough" DOJ Staffers to complete the FISA warrants. This statement tells us that the Attorney General knows the FISA warrants were required, but he failed to get them as the law required.

    However, there is also other evidence showing the Attorney General has lied. At the time that the Attorney General said that DoJ Staffers were too busy to get the warrants, we can prove that this is false; and that the DOJ Staff was involved in non-official business during the 2001-2006 when the attorney General said the DoJ Staff was otherwise involved on other things.

    DoJ Staffers have been foolish enough to engage in non-official business, and this information and evidence is open for you to consider. The DOJ Staff IP numbers have been linked to non-official websites when the Attorney General said the DoJ Staff was busy with other things.

    This forms a probable cause for the states to expand discovery into the DoJ Information Technology data. The information related to the DoJ Staff non-official business is important for the states like Maine, New Jersey, Missouri, and Rhode Island which are involved in litigation against the NSA.

    The states are currently perusing litigation against the NSA over violation of privacy rights. It is the states' contention that the AT&T and other contractors have illegally secured private phone billing information from customers, then violated the AT&T customer right to privacy.

    The core problem has been the government's (dubious) assertion that the states could not engage in fact finding or discovery because the information is classified. This is false. The information is not classified; rather, the information is related to criminal activity which the DoJ knows cannot lawfully be classified.

    This is important in that DoJ is the agency which develops the FOIA procedures.

    * * *


    A. Open information that is not classified can prove the Attorney General is lying about FISA.

    B. The Attorney general and the DoJ Staffers know that the required warrants were not obtained.

    C. The Attorney General, DoJ Staff, and President can be proven to have violated the law.

    D. Once we can prove that there is illegal activity, we no longer have to worry whether the activity is or is not classified. Illegal activity cannot be lawfully classified.

    E. The issue is not whether the activity is or is not classified (for whatever excuse), but whether the illegal activity will or will not be investigated.

    F. The president's executive orders related to ORCON make it illegal to classify information related to illegal activity. We know the President and others have violated the law; the only reasonable conclusions is that the activity is being classified, not because it is a bonafide secret, but to hide evidence of illegal activity.

    G> It is a subsequent violation for the DoJ and president to attempt to hide evidence of illegal activity by classifying it.

    * * *

    What You Can Do

    Encourage your friends to monitor the Maine Hearing.


    Encourage your friends to learn about ORCON, and see how illegal activity cannot be classified. Ref

    Encourage your friends to realize that under the ORCON Rules, once we can show that there is illegal activity, it is not permissible for that illegal activity to be classified.

    Encourage your friends to take the time to realize that illegal activity cannot be classified; and that we can prove using non-classified information that the President and Gonzalez have [a] not secured the warrants; [b] did violate the law; and [c] have lied to Congress. These are crimes.

    Non Classified Information Proves Gonzalez Lied

    Encourage your friends to review the DoJ Staff attorney IP numbers, clearly showing that the DoJ Staff was not "too busy" to get warrants; and that because the DoJ Staff was working on non-official things, the attorney General has lied to Congress. Ref

    State Findings Of Fact

    Encourage your friends to review the precedents showing that a state-level finding of face is something that the Federal Court cannot throw out. Ref

    Encourage your friends to contact the State-level officials so that they know about the American Bar Association and DC-Bar rules which require the DoJ Staff to report misconduct by DoJ Staff peers and the Attorney General to the DOJ OPR.

    Encourage your friends to write to the State leadership in Rhode Island, Maine, Missouri, and New Jersey explaining your understanding of the situation; and encourage them to pursue the matters.

    * * *

    Other information:

    This analysis may be of interest to states like Maine, Rhode Island, and Missiouri. Ref Analysis of DoJ Staff motion in New Jersey, showing that the DoJ has dubiously asserted the information is classified. This is incorrect: The information is illegally being classified to hide evidence of illegal activity. The anlysis shows the defencts in the DOJ Staff workproducts, how they are allegedly misstating the law to create confusion; and may be of interest in comparing with what is unfolding in Maine.

    Other information on the New Jersey effort to find out what is going on; and DoJ Staff counsel dubious statements. New Jersey

    Name of the DoJ Staff attorney that has allegedly engaged in obstruction of justice; and is allegedly lying, in contravention with this DC Bar requirement to make truthful statements about the law. Ref