Draft War Crimes Indictment: Senator Specter

This is a draft war crimes indictment against Senator Specter who has allegedly committed war crimes.

The Senator is presumed innocent until proven guilty.

[This draft war crimes indictment may be updated without notice.]

Points and Authorities

Geneva Conventions

Tokyo War Crimes Tribunal: Government leaders who fail to prevent war crimes are guilty of war crimes.

5 USC 3331: Oath of Office.

US Constitution: Specific ministerial Obligation to enforce Geneva Conventions

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1. Senator Specter is chairman of the Senate Judiciary Committee.

2. Senator Specter is a sworn constitutional officer, 5 USC 3331.

3. Senator Specter, as a Member of Congress, is in a separate, co-equal branch of government. The Senator does not have to wait until the Supreme Court reviews a matter before Senator Specter does or does not initiate an investigation.

4. Senator Specter is a senior leader within the Republican party. He controls the legislation on the Senate Judiciary Agenda. He has the power to prevent reauthorization of the Department of Justice, and otherwise prevent the DOJ from continuing to illegally use NSA data.

COUNT 1: Failure to Investigate, Prevent War Crimes

5. The NSA is illegally capturing data and unlawfully using that information to kidnap, detain, and deny substantive due process to prisoners of war.

6. The Oregon litigation shows the NSA has an attorney-client intercept program. Senator Specter knows, or should know the NSA domestic surveillance activity is linked with unlawful braches of attorney client privilege; and these violations have been instrumental in supporting illegal violations of Geneva.

7. On June 7, 2006 Senator Specter signed a letter to Vice President Cheney stating his views that the FISA violations were unlawful, but the Senator has done nothing, as he has the power to do, to prevent that illegal activity from violating the Geneva Conventions.

8. On September 13, 2006 Senator Specter permitted the FISA S.2453 bill to leave the Senate Judiciary committee, and failed to prevent violations of the Geneva Conventions and Supreme Law of the United States. As Chairman of the Judiciary Committee, Senator Specter has failed to stop funding for illegal things which are used to engage in war crimes.

COUNT 2: Violation of Oath of Office

9. 5 USC 3331 violations are satisfied when a public official fails to perform specific ministerial duty.

10. Senator Specter in his June 2006 letter affirmed his conclusion that the NSA activity was illegal, but has failed to conduct any investigation; has not shut down fudging to the DOJ, and has otherwise failed in his duty to investigate, prevent, and otherwise stop continuing grave breaches of the Geneva Conventions.

11. On Sept 13, 2006, Senator Specter allowed S.2453 out of the Senate Judiciary Committee, illegally permitting the use of illegally acquired information to kidnap, abuse, and unlawfully detain innocents in violation of Geneva. It is an international war crime for Members of Congress to fail to prevent violations of the Geneva Conventions, or othewise continue funding Presidential programs wich violate the laws of war. Senator Specter failed to shut down funding for the DOJ activity; has not investigated; and otherwise has refused to take specific actions which he is otherwise required to take under the Geneva Convention and his oath of office.

COUNT 3: Fraud

12. The illegal activity started before Sept 2001. Any claim that the illegal surveillance and Geneva violations are for a good cause are meaningless. Despite engaging in the illegal activity, the US government failed to prevent the attacks of Sept 2001.

13. The Senators knows, or should know, that the claims behind the invasion of Iraq are illegal. Rather than conduct investigations to discover what illegal activity is occurring, the Senator asks that the public rely on his assurances that there is nothing that can be done.

14. The Senator's actions amount to an allegedly illegal course of conduct designed to deprive voters of material information related to war crimes.

Count 4: Waiver of Legislative Immunity

15. Senator Specter's post-2000 communications are not protected, part of the alleged scheme to support war crimes, and otherwise fail to prevent further outrages against civilians.

16. It is well known that the decision to engage in illegal war crimes and outrages against civilians was before Sept 2001. Senator Specter may not lawfully claim any legislative privilege. The communications between 2001 and 2006 are known to third parties outside the government, are related to illegal activity, and cannot be protected by any claim of secrecy, privilege or immunity.

17. All post-2001 communications are related to post-decision deliberations. These communications cannot be lawfully protected, and may be introduced to the record for purposes of civil suit.

SUMMATION

18. Senator Specter has allegedly engaged in war crimes, failed stop war crimes, was in a position to investigate and stop war crimes, but failed to so.

19. Senator Specter had a ministerial duty to investigate, protect the Constitution, and enforce Geneva. His oath of office was to ensure the Geneva conventions, as a treaty, were enforced, investigated, and prosecuted. Senator Specter despite having the power to investigate and prevent violations of Geneva has failed to act.

20. The course of conduct is no different than the charges leveled at the Tokyo Cabinet in their failure to prevent war crimes.

21. Senators Specter has allegedly engaged in war crimes; failed to prevent war crimes; has failed to assert his oath of office as required; and has failed to investigate frauds committed upon the United States.

22. All post-2000 communications, after the decision to engage in illegal NSA surveillance, are post-decision and related to the illegal conduct. These may be admitted, are not protected by any claim of privilege

23. Senator Specter, by engaging in an allegedly illegal course of conduct and permitting grave braches of Geneva, has unlawfully abused his authority, and his conduct is not protected by any legislative immunity. The Senator remains subject to civil suit by those who have been subjected to the illegal Geneva Convention violations.

CONCLUSION

24. Based on information and belief, the Senators alleged course of conduct amounts to serious breaches of his oath of office and the Geneva Conventions. Based on information and belief, Senator Specter should lawfully be arrested, prosecuted before a war crimes tribunal, and prosecuted as were the Member of the WWII Japanese Cabinet. Upon conviction for war crimes it would be reasonable that the Senator lawfully be subjected to a judicial remedy: The Death Penalty.