Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Monday, September 04, 2006

Legislative Agenda

The Republican Party continues to endure a legitimacy and leadership crisis. The Republicans stand to lose control of the American government. Despite this real threat, the Republicans have demonstrated no initiative to do what they know is coming: Start investigations, find facts, and solve problems.

There is grave problem confronting the Republican Party. The RNC can no longer rely on the US government as their last defenses to war crimes prosecutions.

There is something you can do. The Republican's dilemma can be exploited. It's quite easy, something the Republicans are unable to do: Listening to solutions and new ideas.

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When the Republican candidates complain, "Nobody has any solutions," think of the list below. Rather than be an enabler, challenge the Republican candidate to provide a better set of solutions. They will most likely change the subject, or direct their attention at you. After you share your solutions, tell the Republican candidate to exit political stage.

The RNC membership is running out of options. It is time the Republicans practice their followership skills and learn to listen. The republicans will have to follow others who are serious about the rule of law. The Republicans are not serious, they are criminals.

If you have other ideas, set up a HowToWiki, and provide your contributions: Ref

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Individual members of Congress have the misperception that the election cycle is the excuse to do nothing. This outlines a legislative agenda We the People may pursue outside Congress.

If the RNC wants to debate FISA-related legislation without reviewing the law, or the violations, then the RNC shows they're not serious about conducting oversight, but providing excuses. In turn, there's no reason anyone would take their "but we should have hearings first, before we discuss solutions." The RNC can't have it both ways: Either

  • A. We do have hearings and review the illegal Presidential activity before making changes to the law; or

  • B. We don't have hearings, and there's no basis to object to anything below. [ Ref ]

    * * *

    Where We Are Going

    The contrast is noteworthy. Congress protects its right to be immune to oversight, accountability, and responsibility; if only they spent as much time protecting the Constitution. The RNC problem is that they have put party loyalty over the Constitution. It is the job of the RNC outline their solution to their credibility problem. They have no solution and are not fit to lead.

    These are issues of government legitimacy. The system can either be changed or lawfully abolished, and replaced with a new one. Congress has failed as an institution to check power, protect the Constitution, or otherwise defend the Constitution fro assaults. The Congress refuses to investigate, gather facts, and outline reforms needed to ensure its operations remain modern. The RNC leadership whines that others have no solutions. The information below destroys this notion. Solutions are easy. The hard part is getting the criminals in the RNC to cooperate.

    Notice the inconsistency on Congressional hearings. The RNC excuse for inaction is that they require fact finding before enacting legislation. Curiously, this RNC requirement seems inapplicable when it comes to issues of the FISA violations and the Constitution. This Congress chooses to pass changes to FISA without examining what went wrong, or why. The RNC has no credibility when it demonstrates two standards: One for itself, and making it immune to fact finding; but a second for everyone else. This is merely a delaying tactic.

    There is a solution. This note remedies this problem by outlining the range of specific proposals the RNC leadership could embrace. The RNC leadership problem is obvious: They know they’re going to lose control of the House. Credible RNC leadership to minimize the losses would quickly move to control the investigation. This RNC leadership refuses to provide that leadership.

    Remedying the Defects: The Republicans Remains Oblivious

    The broad approach to the issue is simple. Where there is a defect in governance, it can be remedied. This simple approach to problem solving seems lost on this Congress.

    In general terms, the idea of the Geneva Conventions and FISA was to address problems with abuse of power. This Congress has recklessly failed to enforce the law, much less the Constitution. The individual members of Congress, most notably in the RNC leadership, would have American voters believe the entire issue of the Constitution is debatable. This is incorrect. Members of Congress took at oath to this Constitution. Voters should bluntly ask all members of Congress: How have they demonstrated that they have fully implemented their oath of office. The RNC leadership has no answer, but excuses.

    The issues have international implications. America’s problem, because of the RNC leadership problem, has been the disconnect between what we stand for, and what we do. Our ideals are at odds with what we impose on others. Our asserted world position is at odds with our demonstrated military capability. This RNC leadership has demonstrated its incompetence is working peacefully with other nations. In short, the RNC leadership’s words cannot be trusted.

    * * *

    Solutions are needed. The RNC must be compelled to respond to these issues before the election. The voters will quickly see, inter alia, the:

  • Range of the abuses;

  • Possible solutions; and

  • RNC refusal to discuss, much less enact reforms.

    There is something you can do right now. What you as a reader and visitor can do is reach out to all people, and their views: What is a solution, and what would they like to see implemented to ensure this abuse of power does not happen again.

    It’s time to engage directly with the auditors and lobbyists. Find the reasons that they refuse to cooperate. Also, General Hayden need to explain his plan to visit Iraq, and see the decimation his SIGINT has created through silent assent to war crimes. Hayden also needs to explain how the CIA contracts have been used to spread domestic propaganda in violation of the Smith Act.

    * * *

    We the People Must Provide Oversight of Congress

    American governance has failed. The abuse of power is unacceptable. This cannot be permitted to occur again. Whatever convoluted reason Congress wishes to pretend justifies their reckless disregard for the Constitution, although interesting, is meaningless. It’s time to discuss what is to be done. This debate cannot be left to Congress to do what it continues to do: Defy its oath, ignore the Constitution, and abrogate its ministerial duty to protect the Constitution from domestic threats from the clerk inside the oval office.

    The voters can review this information. These issues must be seriously considered by the voters: Do their individual members of Congress, regardless party affiliation, have any position on what is going to be done. Typically, the individual Member of Congress will throw the problem onto those who ask the question. The purpose of this note is to provide you some suggestions on what you can throw back at the individual member of Congress: Solutions, which they have shown they are incapable of imagining, much lest implementing.

    Recognized Rights

    Requirement: Citizens need federally-recognized rights to take independent action to protect the Constitution when Federal and state-level actors fail.

    The principle of reciprocity applies. Americans need a recognized right to do or not do whatever Congress does or refuses to do. When Members of Congress choose to defy their oath, the individual citizen should have the right to reciprocate and not respect the Constitutional protections related to immunity, privilege, deference, or respect.

    The court needs to be the appropriate forum to recognize this new change. Individual citizens should have the right to act as their own attorney General, as they are with 42 USC 1983, to bring criminal charges against Members of Congress, especially in cases such as this where the US Attorneys and DoJ Staff refuse to prosecute violations of the Constitution.

    When Members of Congress violate the Constitution, individual citizens should be able to impose on the Member of Congress any and all requirements to ensure that the Member of Congress comes into compliance with the Constitution, 5 USC 3331 oath, and their Constitutional obligations. These remedies may include sanction, mid-term recalls, and other state-level imposed rules on each Chamber to impose discipline.

    Incentives To Exercise Constitutional Rights

    The public needs to have greater incentives, rewards, and protections for demonstrating against illegal activity, and reporting and discussing in the open media illegal activity. Also, evidence of efforts to thwart oversight, coverage, and lawful activity needs to be timely reported to international bodies and the UN for purposes of imposing lawful sanctions on the US government.

    Freedom to Report Illegal Activity

    Requirement: An end to stifling dissemination information related to illegal government activity.

    Evidence of illegal activity cannot lawfully be suppressed or classified. When Congress and the executive personnel refuse to enforce the law, personnel in any branch of government may use any resource to provide this information to outside prosecutors, war crimes tribunals, and other appropriate authorities in the United Nations General Assembly. The current system of silence has allowed the abuses to continue. It shall be illegal for any US Attorney to prosecute anyone for reporting information related to illegal activity, violations of the law, or unconstitutional conduct. This is privileged information. When the US Attorney fails to enforce the law, they shall face personal sanctions for attempting to retaliate against those who are forced to do what the US attorneys otherwise refuse to do: Protect the US Constitution.

    Public Comment: A Protected Legislative Act

    Requirement: Demonstrated incorporation of citizen inputs to plans and results.

    The RNC claim to leadership is disingenuous. Most egregious of the RNC abuses has been the disingenuous request for inputs, only to be matched by outrageous retaliation for complying with that request. When the US government asks for inputs, and abuses those who provide those inputs, that shall be considered an unlawful interference with a legislative act.

    Private citizens shall be immune to retaliation, prosecution, and their inputs. They have the right to bring suit against the individual member of Congress and Executive branch and contractors and intermediaries and court officials for any and all retaliation and obstruction of communications. US Citizens who freely agree to interfere with this reporting, cooperating, and Constitutionally-recognized protected activity may be prosecuted for violating the Constitutional protections, in a manner as if their conduct was an official, illegal act of the State, not protected, and subject to a loss of any expectation of immunity. State level citizens may lawfully use Anti-SLAPP [Strategic Lawsuit Against Public Participation] statutes against any other federal, state, of private citizen to enforce this right to respond to requests for inputs.

    Protected International Dialog

    Requirement: Solving problems.

    Discussion and dialog is preferable to combat. There shall be ongoing US citizen discussion with Hamas, Hezbollah, and the Iranian government without fear of monitoring or retaliation by US or allied nations. The goal of these discussions will be to gather information on Hamas, Hezbollah, and the Iranian views on what should reasonably be done to ensure the US remains under the umbrella of the law.

    These issues related to Constitutional violations, and the executive’s power is at its low point. Hamas, Hezbollah, and the Iranians shall have the opportunity to comment on the proceedings, discussion, and other information; the US President is in no position to block, thwart, or interfere with their communications. The State Attorney Generals reserve the right to prosecute the President for interfering with lawful legislative inquiry and other efforts to Protect the Constitution from the clerk in the oval office.

    * * *


    Requirement: Meaningful oath of office.

    Three need to be timely prosecutions for violating ones oath. When the US Attorneys and DOJ Staff are blocked, there needs to be a backup system at the state level that will enforce the oath and protect the Federal Constitution.

    The results speak for themselves. The US Oath of office, as the RNC leadership has put it into practice, is meaningless. There needs to be an enforcement mechanism. There need to be dedicated resources at the state level that monitor DoJ Staff counsel assigned to the state bar, and a public discussion of the DoJ Staff violations, inaction, and other conduct that fails to meet the State rules of professional conduct.

    Loss of Immunity

    There can be no reward for a conspiracy to violate the Constitution. Federal employees are stripped of absolute immunity when it comes to issues of the oath of office. The record of these proceedings shall be open, and any government employee who prevents disclosure of the proceedings shall bear the costs. Personal assets may be attached to cover the costs of the litigation against the Federal Employee.

    * * *


    Requirement: Prohibiting unconstitutional legislation.

    Time is of the essence. There needs to be a timely advocate of the Constitution which can compel government responses, and enter into the record the non-cooperation of contractors, Members of Congress, and executive branch personnel for purposes of indicting them for Constitutional violations, non-immunized conduct, and other actions which violate the Supreme law. These consuls need the power to veto unconstitutional legislation before they leave either chamber of Congress.

    The Judiciary has a role. Constitutional courts shall be institute to review the Constitutionality of Congressional legislation, ongoing contractor activity. Executive office refusal to cooperate with these reviews shall be admissible under the Federal Rules of Evidence (FRE) as probable cause of constitutional violations, conspiracy, and obstruction of justice.

    Contactors shall face penalties. Telecoms which provide illegal support for Constitutional violations shall be banned from doing business in the United States markets for 6 years, and subject to war crimes prosecutions. Individual CEOs, Boards of Directors, and the audit committee shall be subject to indictment for violating the US Constitution.

    Lobbyists are not immune to sanctions. There shall be sanctions on lobbyists for illegal plans, fund transfer, and other direct or indirect support through intermediaries for illegal activity, war crimes, and violations of the Constitution, and Supreme Law.

    * * *

    Committee Leadership

    Requirement: Constitutional protection by Members of Congress.

    Committee leadership must protect the Constitution. Chairmen/Chairwomen of the Congressional committees shall be assigned on the basis of party affiliation. If 20% of the Congress is manned by one party, then that party shall have 20% of the time to be chair. The chairs shall be rotated so that no one party controls all the chairs.

    * * *

    Chamber Rule Making

    Requirement: Meaningful rules to protect Constitution from Congress.

    Rule making power is permissive, not absolutely delegated. Article 1 Section 5 grants Congress permissible, not absolute power, to make rules. All clauses in Article 1 Section 5 include “shall,” except for the rule-making power. Congress is only permitted to make rules; Article 1 Section 5 in no way grants this absolute power to each chamber.

    The difference in the use of “shall” and “may” is significant. Arguably, the framers intended each chamber to be subject to rules of some rule making body. Where Congress has not been delegated this absolute power, the 10th Amendment states this power is reserved to the states and people. We proceed on the assumption that “may” establish rules reserved to the States and People the power to make other rules.

    Each Chamber of Congress needs a wake up call. Their chamber rules are going to change. The oversight requirements and standards apply not only to the executive agencies, but individual Members of Congress. The oversight system demands modernization.

    The malfeasance has been widespread. Individual Members of Congress have lazily sat idle while their peers continued to defy the Constitution. Where were the charges on the floor of the Chamber against their peers for unconstitutional and illegal conduct? The tyranny of the majority cannot be allowed to continue in Congress. Individual members of Congress have Constitutionally protected rights to say anything on the floor. What is the individual member of Congress plan to point to their Congressional records to show that they took their oath seriously? The RNC has nothing to point to. They are not serious.

    There need to be credible reviews of individual members of Congress. They have to demonstrate that they are complying with, asserting, and meeting their oath. The new rules need to include annual reports of each member of Congress, outlining their compliance or non-compliance with their oath, and timely prosecutions.

    The voters need documentation. Outside reports need to be drafted, and provided to the state legislators so that the states can check, remove, and protect the Constitution against malfeasant Members of Congress.

    The States have the power to change rules. The Congress and each chamber must be reminded that it no longer has absolute control over its rules; and that the States and We the People may change the rules, and compel them to respond to the Constitution at any time. We may also draft new state level procedures which permit mid-term recalls of Members of Congress, and otherwise permit the States to act when the sworn Constitutional officers defy their oath, as they have done since 2001.

    Inaction is not acceptable. No longer can each chamber have absolute control and discretion to do nothing. Rather, their requirement to act is an eternal one, not simply out of convenience. Where the individual member of Congress refuses to act, that is not simply a voting issue to wait for two or six years; rather, it should be the basis by which individual state citizens can start impeachment proceedings within their state legislators to remove this individual Member of Congress from the political stage. Just as impeachment was designed to circumvent a failed executive and unresponsive criminal system, so too must there be state level mechanisms that similarly bypass Congress and compel discipline and the oath, especially when the promise proves meaningless.

    The oath is to all treaties. They are obligations, not respected out of convenience. When bad laws are ignored, why should good ones be respected? Treaty obligations shall create rules which Members of Congress shall follow. The Congress must be reminded that it no longer has absolute control over the means to sanction a peer for misconduct, illegal appropriations, or malfeasance. Rather, the Members of Congress need to have their conduct examined by a war crimes tribunal, and the precedents of that tribunal, as they apply to Legislative conduct, shall be part of the precedents and requirements which the Congress shall be held. Members of Congress, when they take their oath, agree to enforce the treaties; where Geneva imposes a requirement, the failure to enforce that requirement is not immunized, but a war crime.

    * * *

    State of Congress

    Requirement: Accountability of Congress with annual reporting.

    Congress cannot escape accountability. Congress shall annually publish a state of Congress report, reviewable by the States and We the People. The State legislators shall have the means to make inputs, and Members of Congress shall individually respond to the public comments. These responses are not immunized, but part of ongoing discovery for war crimes and impeachment purposes directed at Members of Congress. State legislators and citizens may review at any time the contents of these responses, and openly debate and comment without fear of prosecution. citizens are given absolute immunity to make any comment about any member of Congress, and may publicly accuse any Member of Congress of any crimes. This is considered part of the legislative process, protected speech, and absolutely protected.

    There shall be periodic Congressional reports. The Congress shall release reports, interim reports, and provide written-signed responses why there are delays in providing reports. These are not immune to prosecution. Rather, failure to provide reports as the basis to bring changes of malfeasance, especially when the Congress fails to dedicate the staff and resources to complete a report. Congress no longer has the discretion to hide reports, or not issue them; rather, the inaction is subject to state-level sanctions, and mid-election recall efforts.

    The standards for the reports are simple. Congress shall in this annual report review the issues, identify solutions, and review their Constitutional mandate. It is the job of the individual member of Congress to demonstrate that their results, plans, actions are consistent with their oath. At any time an individual citizen may call on their State legislature to being impeachment proceedings against a Member of Congress, and have them removed. The goal is simple: Require members of confidence to prove to the voters in a simple, understandable format that they either are or are not complying with their oath of office. The burden is on the individual member of Congress.

    Results matter. There shall be an annual demonstration that the information provided to the public is accurate, shows whether the current political leadership or is not substantially complying; and outlining which specific Constitutional violations should be prosecuted by the States because of malfeasance by the US Attorneys. There shall be statements on staff oversight requirements, what efforts have unlawfully thwarted review, and which lobbyists, contractors and other shave stifled action to prevent enforcement of the Constitution against all.

    Members of Congress can be targeted for prosecution. Information shall be transferred to the State Grand Juries to prosecute the DoJ Staff in their home of record, where they are licensed to practice law. There shall be a local level grand jury, outside the Federal system, which permits the residents of the District of Columbia to lawfully review the DOJ Staff assigned to the DC Bar. At any time the DOJ Staff records with DOJ OPR may be subpoena for purposes of disbarring and prosecuting the DOJ Staff counsel and US Attorneys.

    There shall be meaningful sanctions on individual members of Congress. There shall be periodic reports to home districts on Member of Congress activity to include: Compliance with their oath, and whether they are or are not capable of doing their job.

    Training is required. There shall be a Member of Congress training program which shall include meaningful education on the Constitution, laws of war, and oath of office. The training shall be geared toward communicating the Member duties, responsibilities, problems, options they will face as a Member of Congress; and the basis for which their immunities and privileges, shall be denied. Members of Congress shall annually certify that they have read the Constitution, are familiar with the laws of war, and remain in compliance with their oath of office.

    There are meaningful sanctions which the states may impose. Individual Members of Congress who fail to attend this annual training may, upon motion by one peer in Congress, be subject to removal. The Constitution does not state that the Congress may only remove if ¾ vote; rather, this implies there is power of the States to make complementary rules and requirements permitting a Member of Congress to be banned on the basis of lesser criteria. Had the framers intended the ¾ to be an absolute requirement, only reviewable or up to the Congress and Chamber to enforce, they would have put the words “Shall” in Article 1 section 5. There is no shall; there is no absolute power of the Congress to make this rule; rather, the States retain the right to change this rule, and remove members of Congress using other criteria. This criteria is not reviewable by the Courts, Congress, or the President.

    * * *

    Inspector Generals

    Requirement Effective internal controls to identify SAS 99 fraud indicators.

    The IG process has been corrupted. The IGs must be removable without the President having any say so. The States need to be able to take action to remove IGs when they prove they are not fulfilling their mandate, and otherwise not responding to either Congress or the Constitution.

    New options are needed. IGs, if they were assigned to Congress or the states, would trigger greater state level oversight. The Executive has abused his discretion. He has the power to enforce the law, but has not used that power. He must have the power to block IG accountability stripped. The states shall have the recognized right, in protecting the Constitution, to rally evidence and bring charges against the President and others in the White House and DoJ Staff for blocking the IG review of Executive functions.

    Government Employee Malfeasance

    Those closest to the problem need a wake up call. The solution is to remind the individual government employees that their silence has contributed to their disaster. It’s the job of the individual government employee to outline what they view as a solution. If they are silent, they cannot complain when far harsher, Constitutional sanctions are imposed.

    Those closest to the problem are arguably the experts. This RNC leadership has thrown that reasonable expectation to the wind. Rather, their proximity to the issue has been neither a solution nor a remedy, but the problem it self.

    A bad attitude can be remedied. The internal will of an individual government employee to either assert their oath, or remove themselves from the illegal activity. The middle option of silent assent cannot be permissible.

    The laws of war are clear. What’s failed is the willingness of the lowest level employee to timely provide evidence to international war crimes, outside investigators, and others. The rumors have proven true: the US has engaged in war crimes, abuse of prisoners, and other war crimes. The way forward is to discuss what will happen next time so the abuse is contained, and not permitted to blossom into another Rwanda.

    This is a supervision problem. The public needs better leadership, guidance, and options when the US government, individual members of Congress, and other contactors violate the laws of war. Arguably, the US population needs a corps of legal experts who quickly mobilize, using US finances to protect the Constitution from the domestic threat. Within a matter of hours, not years.

    Independent Oversight of DoJ

    Conflicts are not defense. DoJ Staff Counsel and the US Attorneys need independent oversight. This Congress has failed to exercise any credible oversight, check, or catalyst. President’s legal advisors are from the same branch where the US Attorneys are. The solution is to remove this conflict, and put the prosecution power into the hands of the states: When there are issues of US government employee crimes, and the US Attorney and DoJ staff refuse to respond within 60 days, the states should have the power to individually prosecute this violation. The States’ power is to protect the Constitution, not assent to US Attorney malfeasance.

    * * *

    State Level Impeachment of Federal Officials

    Requirement: Credible threat of state-level prosecutions when Federal Government fails to protect Constitution.

    States have a Constitutional role in protecting the Supreme Law. The impeachment power of the Congress, although interesting, needs to be expanded to the State Legislators and State Grand Juries. Where there are violations of the Constitution, any state legislator or state grand jury should be able to bring charges and start an impeachment process, especially when the US government refuses to prosecute or take action to remove reckless leaders.

    The States may prosecute the President. There shall be state-level enforcement mechanisms, especially when the US Attorneys and DOJ Staff fail to enforce the law, when the Federal Government is involve din illegal activity, violations of the Constitution. The States shall have the individual power to start impeachment proceedings against the DoJ Staff assigned to their state attorney boards; and DOJ Staff counsel may be removed after impeachment for and conviction by their Legislatures.

    The State Attorney discipline system is another tool. The Texas State Bar has authority to disbar Attorney General Gonzalez. This will strip him of the qualifications to be attorney general. Any Attorney General must face a credible threat of removal at the discretion of the States.

  • Committee chairmen, who do not do their jobs, must face a constant threat of removal at the discretion of the state legislators;

  • There need to be credible bounties for reporting violations;

  • States should be encouraged to prosecute federal officials, and not just a federal felony to violate the Constitution

  • Even if the US Attorney or DoJ decline to prosecute, the states must be recognized as having the power to prosecute Constitutional violations.

  • The Congressional staff needs to be investigated for conspiracy to violate, not protect, and failing to engage in Constitutional oversight.

  • There should be reporting and oversight requirements of the American Bar Association;

  • There be competing associations which do a better job than the ABA.

    * * *

    Attorney Prosecutions

    Requirement: Meaningful state-level sanctions on US Attorneys who fail to protect Constitution.

    Automatic reporting is required. The State bars need to be notified when the DoJ Staff and US Attorneys refuse to enforce the law, gather facts, or protect the Constitution. They need to be timely debarred, and prosecuted at the state level for violating their oath. When the Federal government blocks investigations this needs to be admitted to the State court for prosecution: Interfering with lawful efforts to protect the Constitution.

    Audits are required. There need to be no-notice audits of executive and public reports. There needs to be a bounty system for reporting illegal classification of unlawful activity.

    Reckless DoJ Staff Counsel: State Level Prosecutions and Disbarment

    Time is essential. There shall be meaningful, timely court action to review illegal activity; impose sanctions for abuse of power and violations of the Constitution. There shall be a remedy, system of sanctions, and well promulgated standards that the States can enforce against DoJ Staff assigned to their State Boards so that there is always a singular priority on the oath to the Constitution, not to a party.

    International partners can assist. The information related to illegal activity shall be shared with Interpol. This information shall be considered war crimes related, protected. Any interference by any person in or outside the United States, or anywhere in the Universe shall be the basis to bring charges fro obstruction of justice in re war crimes.

    Prosecuting Law Enforcement

    The Constitutional objectives are lawful. There shall be support given to Interpol to prosecute members of the US JTTF, US Attorneys office, FBI, and other federal law enforcement agents, contractors, and prosecutors when they interfere with citizen effort to enforce the law, protect the Constitution, or otherwise gather evidence of war crimes and illegal violations of the law.

    This information gathering, storage, and sharing shall not be considered intelligence gathering, espionage, or action related to a foreign power, but merely a protected legislative act, not punishable under any statute. Any US Attorney, DOJ Staff, law enforcement officer, or Member of Congress who attempts to enforce this law or prohibit this communicate shall have interfered with a war crimes tribunal process, and is a subsequent war crime.

    * * *

    Supremacy Clause In Federal Contracts

    Requirement: Illegal to delegate illegal functions to non-state actors.

    The Supremacy Clause means the US Constitution is supreme. It doesn’t mean the opposite: That if the Congress and RNC leadership choose to ignore the law, then all others must do the same. The Federal Constitution, if it is going to remain viable, must have an enforcement mechanism at the state level. Contractors cannot hide behind illegal Federal immunity to commit crimes. Rather, the State Bar and State business chartering functions have to be turned onto the Federal Government contractors located in each state.

    Liability rests with Members of Congress. The use of contractors does not immunize individual members of Congress or the Executive branch. Anyone performing a government function, whether they are a contractor or a government employee, must be held responsible for their violations of the Constitution. They must have a legal responsibility to ensure the laws are followed, due diligence is conducted, and that the orders they receive are lawful, and that they remove themselves from illegal activity.

    There shall be timely ends to illegal activity. Funds need to be cut off. Sanctions for violations need to be timely. Individual Members of Congress, when they abuse privileges and immunities, and continue to appropriate funds for illegal activity, must be held responsible for the war crimes. It is time to lawfully prosecute contractors and government employees who commit violations of the Constitution; and require their contracts to include clauses that prohibit support, involvement, and continued association with illegal activity, war crimes, or activity which violates the US Constitution.

    There shall be effective public oversight. Adverse information shall be reported to the states, outside the IG process, for purposes of disbarring DoJ Staff counsel. The voters and grand juries. shall know whether the DOJ Staff, Joint Staff, White House staff, National Security counsel, and US Attorneys are or are not effectively enforcing the laws of war against civilians in DoJ, DoD, NSA, CIA, and all contractors or intermediaries.

    The first stop is the agency. It is the responsibility of DOJ, NSA, DoD, and CIA to outline their solution to their credibly problem. There shall be a modernization of the contracting mechanism. The contract vehicles in Iraq have unreasonably created systems, governance, and rules which bar accountability to permit fraud and abuse of power. These shall be modernized to prevent abuses when planning for the illegal invasion of Iraq. It shall be illegal under Geneva to create a system of governance which permits fraud, does not respect rights, or otherwise fails to ensure a republican form of government, or system of governance that the local population have selected. It is not lawful under Geneva to support a system of governance that fails to provide security, establish order, or protect the rights of the people.

    Contractors Liable For War Crimes

    The United States must choose whether it prefers combat or peaceful resolution of disputes. The former is not guarantee of the latter; and the latter is not a bar to the former. If the US does not permit judicial oversight, lawsuit, and court reviews of issues, then other nations may lawfully wage war against the United States.

    There is no lawful barrier to war crimes liability. US Citizens, contractors, and military personnel are not absolutely immune to suit for war crimes. Rather, targeted non-combatants may bring suit in any court around the globe. The US has no power to immunize itself, nor require foreigners to travel grate distances. If the US does not wish to be subject to suit, then it should not illegally invade other countries. Once the unlawful war starts, the US remains subject to suit anywhere. The targeted civilians may bring their claims to any court.

    Remedies may include reparations, remedies, assistance, assurances, and other protections from the United States war crimes. The protections may include action by individual members of the General Assembly, jointly cooperating to override the Security Counsel, and US refusal to timely assent to Geneva.

    * * *

    Responding To International Feedback

    Requirement: Responsive to international feedback on Geneva violations.

    We are one of many nations. The way forward is to dialog with the world to find their solutions, better options, and what they would have hoped would have been the initial responses. It’s one thing to assert sovereignty; but that claim of sovereignty fails when the methods violate the sovereignty of other nations.

    Leadership means working with others. The RNC has failed in timely working with other nations to get their views on solutions. The RNC recklessness has had international dimensions. It is the job of We the People to reach out, and explore what solutions the world community would like to see so that this does not happen again. The RNC has violated the sovereignty of other nations; t least the RNC should be compelled to do is listen to those whose rights they have violated.

    Standards are more than statements, they are exceeded. It is appropriate to apply the same standard to the world that the RNC expects of others. The RNC says that it alone is in the best position to make decisions. That standard should apply to those targeted by the RNC through the illegal abuse of power.

    We have ready sources of ideas. Those abused in Guantanamo can outline with clarity what they would have preferred. In all likelihood it has something to do with the RNC being held to account for violating the US Constitution, and violating Habeas when it comes to POW detention. Where the RNC legal experts like Addington, Gonzalez, Yoo, and the other reckless buffoons say that the laws do not apply, then no other nation needs to apply the law when prosecuting Yoo, Gonzalez, or Addington. Where the three have supported illegal violations of international awl, the protections they have been otherwise granted need not be respected or honored.

    The abuse shall immediately end. Funds for illegal programs shall be timely ended. The financial markets must be used as a tool to shut down the flow of capital to illegal US government operations. Liability should attach itself to the Wall Street Investment Bankers who provide funds to illegal US government operations, whether they are on-budget, or black operations.

    International partners can pressure American war criminals. Other nations must be encouraged to lawfully seize US assets when the US government refuses to assent to domestic or international law. These asset seizures relate to gathering evidence, and cannot lawfully be prevented. The threat from abroad must be as large as the domestic threat posed by the reckless RNC. The RNC and other future war criminals cannot believe they only have to fool the Congress, but are not accountable to international sanctions and lawful retaliation.

    The financial markets are the lifeblood of war criminals. International banking must shut down funds to illegal US government operations. International market makers must be prosecuted when they provide funds to the United States government, and those funds are used for illegal objectives. There must be consequences for buying US bonds, providing credit, providing facilities. Credit lines must be cancelled; offers to purchase US bonds denied; financial assets must be seized; and US assets must be frozen.

    * * *

    Expose SIGINT Officers To Combat

    Requirement: Force NSA personnel to witness first hand how illegal activity incites opposition.

    Those who violate the law must see the results. NSA commanders need to be sent to Afghanistan. The world bodies, when the US engages in war crimes, need to have greater access to the US. When the US blocks inspections, the US officials shall be subjected to state and international-level fitness for duty; and war crimes investigations. US officials at any time may be lawfully rendered to any other nation for war crimes prosecution.

    * * *

    Illegal Expenditures, Article 1 Section 9

    Requirement: Enforcing statutes prohibiting illegal expenditures.

    Those who spend money on illegal things must be lawfully punished. Individual members of Congress cannot be trusted to follow the law. New rules need to be enacted that will timely shut down funding, and otherwise target specific, individual members of Congress when they vote to violate Article 1 Section 9 and otherwise appropriate money fro things that they know, or should know violate the Constitution, laws, or treaties.

    Justice is not either or, but progresses on many fronts in tandem. There needs to be an independent method, outside the DOJ OPR system, that works in parallel to swiftly prosecute DoJ Staffers and US Attorneys when they assent to violations of the Constitution. This DoJ has proven itself worthless, arrogant, and wholly incompetent. The way forward is for the States to have the recognized right to prosecute in Federal Court those actions which the US Attorneys refuse to do, but are otherwise actionable under 5 USC 3331 or Geneva.

    US Attorneys have a duty higher than the President and party: The rule of law. The evidence which the US attorneys and DOJ Staff refuse to process, must be turned over to the states and war crimes tribunals. There need to be better methods so that We the People may lawfully engage in no- notice audits of JTTF, FBI, and US Attorneys to check whether they are or are not substantially complying with their Constitutional obligations. NSL-like mechanisms may be issued by the State Attorney Generals to lawfully raid the offices of FBI, DoJ, and other federal entities upon showing to the court that there is probable cause the Government employees are engaged in unconstitutional conduct that violate the state Guarantee to a republican form of government.

    * * *

    Illegal Databases

    Requirement: Sanctions for storing, using illegally gathered information.

    There shall be a cease work for illegal databases. Contractors may not claim for damages. These databases were known to be illegal and not for a lawful purposes. There shall be a review of all lawful options to comply with FISA.

    The Republicans shall explain why they did not use the available, lawful options. If the RNC refuses to respond, we may make adverse inferences. This is something which the RNC cannot delegate to the NSA or Hayden; the RNC is the entity that is suggesting the reforms, without review, can be implemented. The RNC doesn’t know the problem, and has no basis to make comments on the recommended changes. Rather, the changes are a smokescreen from what the RNC failed to do: Follow the Constitution.

    There shall be no-notice state-level audits of JTTF.

    Illegal Domestic Intelligence Gathering

    Congress cannot assert absolute privilege on illegal activity. Congress and the States shall disclose the evidence, files, and intelligence gathered in the illegal programs. We the People shall be given a report before the election outlining the scope of intelligence gathered, and the reason why the information collected has not been destroyed, why there have been no prosecutions.

    The process is reasonable. There shall be a full report on the illegal domestic surveillance, and this used as the basis to bring 5 USC 3331 charges against individual Members of Congress for failing to enforce the Constitution.

    Attorney-Client Monitoring Program

    Requirement: Sanctions for violating rules of evidence (protected privilege).

    The principle of reciprocity applies. Unless Executive recognizes privilege in others, no one should respect the Executive’s claims of privilege. All funding for monitoring of attorney-client monitoring and transcription of privilege attorney-client communications shall end. There shall be a full report on all illegal NSA activities which violate the Constitution, and an explanation by the RNC leadership why legal options were not used.

    * * *

    State Attorney Generals: Prosecuting the President

    Requirement: Timely, state-level protection of Constitution when Federal Government fails.

    The States have a function. The states shall have the power to try any public official for violations of the State’s Constitutional Guarantee to have a republican form of government, which includes an enforcement mechanism, which Hayden and others have illegally violated. Hayden, and all future CIA directors shall be stripped of any presumed absolute immunity, and may be tried by any nation for war crimes, and remains subject to no-notice renditions.

    The Executive has abused power, secrecy, and his discretion. From no on, executive agency heads shall be transformed to a triumvirate system. The Executive is denied any appeal of this approach and shall be law of the land.

    The Executive is denied the power to have singular control over any entity. This power has been abused. Rather, Congress and the Judiciary shall have front-row seats to daily operations, and may at any time issue any reports related to illegal activity, or other Constitutional violations to any state legislator, voting group, or Congressional Committee. The intrusion, as are the oath of office, are there to remove discretion, secrecy, and freedom to commit violations of the law. Hayden, Bolton, and others on the National Security Council have abused their discretion and cannot be trusted to independently act.

    War Reporting Requirements

    Requirement: Documentation required related to war crimes; subsequent violation for failing to document and report information related to war crimes.

    Before launching an illegal war, information shall be presented as the basis for war. The war itself is not only illegal, but the failure to provide evidence shall be a subsequent violation. There shall be sanctions on individual chairmen, members of Congress, and Executive Branch employees, and contractors or intermediaries for their providing false, misleading, or erroneous information to the Congress for purposes of supporting an illegal war. The sanctions shall be trebled for each subsequent violation where there is no imminent threat. All civilians and members of Congress are subject to lawful execution if they are complicit in war crimes planning, policy making, or fail to prevent illegal activity that they should know continues.

    Member of Congress War Crimes

    Requirement: Sanctions on policy makers in legislative branch for failing to prevent war crimes.

    Congress must be reminded of the laws of war. There shall be meaningful sanctions on Members of Congress for war crimes, up to and including the death penalty when they continue to appropriate funds for illegal activity.

    The Hague has jurisdiction when the US government fails to enforce the laws of war. Evidence of US war crimes by Members of Congress, DoJ Staff, contractors, or US Attorneys shall be brought before The Hague. The rules of evidence, privileges, and immunities shall be stripped.

    The evidence is of interest to the States. Briefings and copies of illegal work products and briefings shall be disseminated to all State Grand Juries and Attorney Generals. These are not protected. The Grand Jury is allowed to make adverse enforces.

    International partners have an interest in preserving peace, law, and order. The UN General Assembly shall have access to the information related to illegal Executive-Congressional war crimes. There shall be meaningful sanctions on individual members of Congress when they vote to violate agreements. The US shall assent to closer, more intrusive international oversight by independent monitors who shall be rotated on a pre-arranged schedule. They shall enjoy diplomatic immunity. If the US retaliates against these inspectors, other nations may lawfully prosecute similarly situated US officials, and seize evidence of US criminal activity abroad without fear of retaliation.

    General Assembly Sanctions on the United States

    Requirement: Response to international action against United States.

    Accountability requires timely reports. There shall be timely reports to the UN General Assembly so that the members outside the Security Council can determine which UN General Assembly-imposed sanctions, outside the Security Council, may be imposed on the Security Council members with veto power. If the Security Council members wage illegal war, the members of The General Assembly may lawfully retaliate, and the Security Council shall have no authority to prevent this lawful action outside the Security Council.

    Members of the UN General Assembly have options. The UN General Assembly is free at any time to create a new UN without recognizing the power of any of the Security Council Members, and may lawfully wage war against any offending nation when they refuse to assent to the laws of war, or domestic law.

    The individual nations may lawfully retaliate against those committing war crimes. The General Assembly has the right at any time to discuss these matters, and decide whether a member of the Security Counsel has violated the laws of war; engaged in illegal war fare. To remedy this abuse of power, the US General Assembly has the power to compel assent to the law; can send observers to the violating nation; and may order the Security Council member to comply. If the Security Council member does not comply with the laws of war, the General Assembly may impose sanctions on the offending state, impose criminal sanctions, and lawfully send personnel in a covert manner to intrude, wage war, and otherwise interfere with the illegal efforts of the offending Security Council Member.

    State Prosecution of War Crimes

    The States have an important tool. There shall be indictments by the state attorney generals against senior Administration officials, including the President and Vice President, for violating the State’s guarantee of a Republican form of government. Evidence of this denial may include the conspiracy to wage illegal war, stifle domestic discussion of illegal activity, or intimidate state citizens from discussing and demonstrating against illegal activity.

    Loopholes in reporting contacts with lobbyists shall be closed. All federal and state officials and contractors shall have the requirement to document and publish interactions with lobbyists. These are public acts, are not protected, and are not related to singularly private concerns. Failure to report these communications, whether by telecom, in person, out of the office, at a foreign location, or through intermediaries, shall be a violation. Personnel who attempt to evade this reporting requirement through side meetings, to avoid disclosing contacts are subject to state-prosecution obstruction of justice.

    State Prosecutions And MDL

    Requirement: Efficient means to consolidate like-criminal State-level complaints against President for violations of Constitutional Guarantees for the States.

    The States can combine forces to protect the Constitution. The MDL and Federal Courts shall have the power to review the evidence, issue injunctions, and prevent agencies from spending funds on illegal activity. Violations of these Constitutional Court orders shall be a subsequent violation, subjecting the offender to State-level impeachment which may work in advance of, parallel, or after the Federal Action.

    The States have options. The States, after the Federal Government fails to prosecute violations of 5 USC 3331 and other unconstitutional conduct, shall have the secondary and recognized right to prosecute, especially in cases where the number of complaints and violations is multi-state. The States shall have the power to work in an alliance, bring their complaint to the MDL, and work with other State Attorney Generals to protect the Constitution.

    Individuals shall be rewarded for protecting the Constitution. Personnel, civilians, contractors, or government employees who report his information, whether through official channels, in the open media, or other third parties shall be immune to prosecution for disclosing evidence of criminal activity. The personnel who provide the information may be rewarded a percentage of the fraudulent and illegal contracts. Contractors and corporate officials are barred from brining suit against any individual for disclosing this evidence of illegal activity.

    * * *

    African Export Market

    Requirements: Address the food and water requirements, while creating an export market.

    The US needs to move outside itself, and focus on common problems. There is a food shortage. Africa needs water. The US and other nations could work together to develop Africa as a viable market to grow food. This means desalinization of sweater, massive pumping of clean water, and creating of local markets.

    * * *


    Requirement: Applying the lessons of Iraq (in re evidence, Geneva).

    Iran is not Iraq. The US needs to explain why the US isn’t working with Iran to develop peaceful nuclear power. The lessons of Iraq need to be applied to Iran. The US has delimitated Iraq. Before the US invades Iran, the US government needs to present to the American public the plan to maintain security in Iran; how Iran will be rebuilt; and a credible set of options should these primary plans fail. This information needs to be part of the debate.

    The next step is to evaluate the merits of this plan, in light of Iraq:

  • What types of war crimes are required to implement this plan;

  • Why should we believe this approach is workable;

  • Given the demonstrated track record of RNC failures to plan, and effectively coordinate with DoD, the JAGs, and civilian contractors, why should we believe that the assumptions are reasonable?

    * * *


    Requirement: Geneva requirements.

    Geneva requires the United States and others to maintain security in Iraq. There shall be a discussion on which international forces shall be brought to Iraq to provide security, maintain peace, secure the Iraqi borders, and comply with Geneva. The options in Iraq are not between two absurd options (1) leave; or (2) keep doing what is not working.

    * * *

    Sept 2001

    Requirement: Review suppressed evidence.

    There shall be a resubmission of the 9-11 report. The Commissioners shall state where else they retain reservations, have not expressed their concerns, or question the veracity of witnesses or other concerns.

    There shall be adverse inferences about the undisclosed 9-11 information and who placed the explosives. There shall be oversight of the DoJ-NSA Intel-Link system, and other system used to thwart oversight by Congress and the States. There shall be no notice audits of the Intel Link system to gather evidence of illegal activity, unlawful policies, and other illegal activity. The States shall have the power to review all transcripts, evidence from the NSA contractors to include their attendance at the Intelligence Conference in the Potomac Golf Association.

    There shall be a review of when the illegal orders prior to 9-11 did instruct anyone to engage in illegal surveillance. This information shall be provided to the New Jersey attorneys, and disseminated across all plaintiffs engaged in the NSA litigation. There shall be sanctions on CEO and Boards of Directors for ignoring FISA, to include loss of options, denial of exercise rights, and the loss of all consideration gained as a result of their illegal activity and conspiracy.

    Financial consequences shall be meaningful. The asset forfeiture may include financial assets, private homes, and other personal assets to include retirement accounts, overseas assets, and college tuition funds. A percentage of future earnings may be garnished for restitution. Damages shall not be assessed as income, but punitive damages. The States may not make any claim on these payments. The States shall have an independent cause of action to pursue criminal sanctions against federal officials, acting in an official capacity as agents of the US Government, for failing to protect the States’ guaranteed right to a republican form of government.