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Saturday, September 23, 2006

Draft War Crimes Indictment: Senator Graham

This is a draft war crimes indictment against Senator Graham.

[May be updated without notice]

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1. Senator Lindsey Graham is from South Carolina.

2. While a Member of Congress, Senator Graham exercised powers of all three branches of government: Legislative power as a Senator; Executive power as a Reserve Officer in the military; and Judicial power as a Court of Appeals Judge. Ref Senator Graham considered the President's use of judicial-executive-judicial powers, however unconstitutional they might be, as acceptable. The Senator is in no position to adequately review the legality of a legal issue he has personally legislated. It is meaningless that Congress failed to enforce the Chamber rules, or took no action; the Senator's actions were not lawful.

3. Senator Graham knows, or should know, the laws of war and Geneva.

4. Senator Graham along with other members of the Senate did allegedly violate the laws of war, by illegally agreeing to not review evidence of war crimes; and did unlawfully agree to rules which permitted violations of the laws of war.

5. Senator Graham failed to exercise due care.

6. Senator Graham failed to investigate war crimes when he knew, or should have known, that the request for new rules would have permitted further violations of Geneva. Rather than investigate, Senator Graham allegedly violated his oath of office by refusing to shut down funds for illegal activity, failed to investigate, and otherwise failed to review lines of evidence which showed the President, CIA contractors, and others were allegedly engaged in an illegal course of conduct to violate Geneva, not comply with the laws of war, and illegally commit grave breaches of Geneva through inhumane treatment of prisoners.

7. Senator Graham allegedly failed to prevent the illegal activity when they had the power, influence, and public stature. Senator Graham failed to put into effect his experience as a State Judge Advocate, and accepted an illegal agreement which failed to prevent all inhumane acts. Senator Graham because of his legal background, experience, and knowledge of Geneva should have known that the agreement was illegal. Rather than investigate the agreement, or ask for detailed information about which acts would be supposedly immunized, Senator Graham did allegedly illegally work with others in the Senate to agree to set of procedures, rules, and legislative language which substantially failed to enforce Geneva. These are grave breaches of Geneva.

8. Senator Graham allegedly failed to ensure that he timely removed himself from the illegal agreement. Despite his legal training, understanding of Geneva, and knowledge of the laws of war, Senator Graham failed to put into effect his knowledge, experience, understanding, and legal expertise needed to ensure that the illegal violations were prevented, or that the unlawful agreement was not put into effect.

9. Senator Graham allegedly failed to shut down funding for illegal activity. Despite being in a position of leadership, influence, and public trust, Senator Graham failed to exercise due diligence as otherwise required under his oath of office. The Geneva Conventions impose a legal duty on the legal profession to ensure that Geneva is enforced in all respects. Senator Graham allegedly failed to ensure that Geneva was enforced, permitted a lesser standard, and despite his pubic standing and pronouncements on the law, Senator Graham allegedly committed a grave breach of the Geneva Conventions.

10. Because of the above allegedly recklessly conduct, Senator Graham has been instrumental in carrying out an illegal policy, course of conduct, common design, plan, scheme, and other illegal acts designed to circumvent Geneva. Senator Graham has failed to end the illegal activity, not remove himself, and remain in a position of authority. Despite his public standing, Senator Graham has failed to do what he should do.

Violated Oath of Office

Committed Grave Braches of Geneva

Failed to Prevent Grave Breaches when had power to do so

Failed to investigate Grave Breaches of Geneva that he should have investigated

Recklessly failed to ensure that Geneva was fully implemented.


Senator Graham's alleged conduct illegally resulted in, and failed to prevent, grave breaches of Geneva. The precedent from the Tokyo War Crimes Tribunal is clear: Civilians in a policy making position, who had the power to influence, stop, investigate, and prevent violations of Geneva are complicity with war crimes.

Senator Graham’s allegedly reckless course of conduct has brought discredit upon himself, his service, the legal profession, the United States Congress, and the United Sates of America.

If after due consideration of the facts, the appropriate law, and precedent, the war crimes tribunal determines that Senator Graham has committed and failed to prevent Grave breaches of Geneva, then the court should lawfully adjudicate that his Article III punishment be the Death Sentence.

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Other Discsussion

These are other links related to Senator Graham.

Ref War Crimes Indictment Archive

Ref Precedent: Illegal for Member of Congress To Target Ongoing Litigation With Legislation.

Ref New Case: Senator Graham Illegally exercised judicial power as a Member of Congress.

Ref Commenatry On Case

Ref War Crimes Indictment

Ref Military Commissions Act Analysis Q&A Draft Bill

Ref POTUS smokescreen

Military Commission Act: Geneva Violations

Ref Contrasting Diggs "conflict" with real Senator Graham conflicts.