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Sunday, September 03, 2006

Republican Party Unconstitutionally Delegates NSA Oversight To Supreme Court

The Republican Party continues to fail in comprehending the Constitution. Senator Specter has illegally abrogated his oath, and violated 5 USC 3331. The Senator has specific ministerial duties to enforce the law, conduct hearings, find facts, and otherwise ensure that appropriations are only for lawful purposes. Senator Specter as Chairman of the Judiciary Committee is reckless in his gross disregard for the Constitution and his clear Constitutional requirements. He should be indicted by a Grand Jury for 5 USC 3331 violations.

The Senators assertions that Congressional oversight depends on another branch of government defies the principle of Separation of Power. Specter, in responding to questions about the illegal NSA activity, and plan going forward:
"The Supreme Court of the United States is the final word. And my bill will move this issue along the track to get that judicial determination. And if the court says the president's gone too far, we're going to have to modify the program." Ref

Specter's statement is disingenuous for many reasons.

(1) Waiting On An Irrelevant Outcome

Specter incorrectly states that the Supreme Court has the final word: No, We the People have the final word. We the People are the sovereign, not the Supreme Court. Rather, as a co-equal branch, the Congress has the independent responsibility to act immediately.

(2) Nothing Reasonable Bars Congressional Action Now

Specter has already asserting in writing to the Vice President that the program is illegal. Specter has no reasonable explanation for inaction.

(3) Delaying Further Weakens the RNC Position

Specter is stalling for time. Specter has already conceded there might be a problem with the current NSA activity, but fails to conduct public hearings on the activities, as he is other wise required to do. Indeed, Specter mandate is clear: Gathering facts, and making adverse inferences, and stop paying for illegal things.

(4) Indeed, Broader Constitutional Implications Warrant Immediate Scrutiny

Specter cannot explain why he is discussing legislation that will affect ongoing litigation. This is unconstitutional. The conduct has already been found by to be illegal by the Judicial Branch of government. It is time to have hearings on which White House, DoJ, and NSA activity has violated Article 1 Section 9, which prohibits expenditures for illegal things.

It is absurd and arguably illegal for anyone in Congress to say that questions of Article 1 Section 9 violations cannot be investigated. Rather, the time is now for Congressional Staffers to decide whether they will or will not work with DoJ and the FBI to determine which specific Executive Branch personnel have illegally spent funds in violation of Article 1 Section 9.

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The Supreme Law Is the Supreme Guide

The Correct Approach is to hold hearings, demonstrating to the world the United States takes the rule of law seriously. Once the Executive branch discloses details of the illegal activity to Congress that information is not privileged, but evidence of criminal activity. Members of Congress in the RNC are individually reckless in their failure to put their oath first, and investigate alleged illegal conduct.

We the People need not take the RNC seriously. The clear plan, outline, and recommendations that they should know to follow are in the Constitution. When the RNC complains, “Give us a plan,” they’re admitting that they don’t know how to read the Supreme Plan: The Constitution.

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Separation of Power

The idea of separating power was to check the other branches. Specter is doing the opposite. Saying that a separate branch from the Executive -- conveniently not the Congress -- has the exclusive power to compel action. This is a misreading of the Constitution, his oath, and the concept of Separation of power. Congress has a co-equal responsibility with both the Executive and Judicial branches to enforce the law and protect the Constitution.

The pattern continues. There’s no reason anyone should be impressed with any American who assets through an oath to do something -- protect the Constitution -- but act in this reckless manner. This Senator, as Chairman of one of the most powerful, and important Judiciary Committee, is not asserting his oath: To protect the Constitution.

Specter's public statement above is not credible. He's pretending that the "next decision milestone" (that he wants as an excuse not to make a decision, hold hearings, or shut down funding) is based on "something else". Specter’s recipe is universal malfeasance. Indeed, notice Specter’s pattern: On issues of national security, Specter blindly defers to the President, because he’s unwilling to assert his oath; yet, on matters of the law, because he is not serious about his oath, he defers to a co-equal branch of government.

The RNC delays are noteworthy. If the Senator was serious in his conclusion to Cheney that the program is illegal, then the Senator, as a separate branch of government, need not wait for a co-equal branch of government to conclude the same. Rather, Specter’s statement should not be taken at face value. The Senator knows full well that the three branches of government are co-equal: The Supreme Court does not have s superior position on making assessments that will or will not prompt Congressional action. Rather, Congress does not need to wait, but can independently order investigations.

This is RNC inaction in action. Should the Supreme Court rule against the President for violations of FISA, Specter and the RNC would in all likelihood not provide leadership. Indeed, even if the Supreme Court rules against the President before the election, Specter could easily argue, “Hay, they’re not over the Congress, and they have no power to compel us to do anything.” Yet, Specter and the RNC have already done just that -- nothing. The RNC requires no additional time to demonstrate that he’s unfit for office, and should be lawfully indicted for 5 USC 3331 violations – failing to assert their oaths of office.

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RNC Recklessness

The RNC has failed in both house of Congress. Real leaders don’t treat the sovereign -- We the People -- with disdain, but reverence. We hold the power and their political fate in our hands. Specter is a key leader in the RNC. He knows the public pressure is mounting against not on the President, but the entire RNC. Should the DNC leadership swing to the DNC, there's a real chance that the Senate is going to have to have an impeachment trial. Specter's new excuse will be "the Senate isn't allowed to speak during the trial."

The RNC has exhausted reasonable patience. Specter like the RNC leadership in both House of Congress, despite making adverse inference, publishing their concerns to the Vice President, aren't providing leadership. He and others in the RNC aren't doing their job. We need not wait until the Supreme Court does or does not do something. Rather, despite the power to do something now this RNC leadership in both houses of Congress refuses to act.

The RNC is incompetent. The RNC isn't capable of doing the job, despite their written assertions to the contrary. We should not be surprised why the RNC views the Constitution as just a piece of paper: the RNC views oaths, written statement, and the RNC membership as meaningless. Specter’s inaction is more evidence the RNC cannot be trusted with power: They won't use their Constitutional authority to put the document first, and compel all others to assent to that law and requirement.

The RNC cannot be trusted. Rather, this RNC leadership pretends leadership and responsibility is someone else's job. The RNC is correct: We the People retain all non-delegated powers and may lawfully do anything not specifically delegated to the Federal Government or the States. Whatever the RNC has done to violate the law, abuse power, and otherwise undermine the Constitution remains a matter that Senator Specter should understand, not defer to another branch of government.

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What You Can Do

Ref Learn about the 2006 October Surprise.