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Sunday, September 24, 2006

State AG Targeting Federal Illegal Activity

This checklist implements this program.

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This plan assists the State Attorney General to do what Congress refuses to do:

- Oversee
- Subpoena documents
- Review budget documents
- Conduct site visits
- Shut down illegal activity
- Communicate findings to public, and EU War crimes prosecutors
- CC: The Hague

Areas of Interest

General areas of interest to the war crimes prosecutors.

- Evidence
- Unlawful acts, prohibited workarounds
- DoD adjustments
- Difficulties in identifying DoD workarounds
- Methods to monitor, trace difficult DoD workarounds

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Prohibited DoD Workarounds, Likely Violations

DoD will not likely cooperate with State level injunctions. The DoD workarounds will form other lines of evidence. The following DoD workarounds should be planned for, monitored, and party of the discovery plan.

__ Non-DoD assets to mask purchases for workarounds

__ Non-DoD entities, intermediaries, or contactors to supply, assist, or fund illegal DoD activities

__ Indirect foreign buyers on DoD behalf

__ DoD commercial entities acting as transshipment

__ Money laundering: Coordination with Treasury, Customs, DEA to transfer funds through overseas affiliated accounts to illegal activity.

__ Use of lawfully seized assets, accounts for illegal support

__ Use of DoD subcontractor overseas accounts for funds transfers

__ Overseas NAVAL Depot accounts

__ Transshipment through overseas commercial, DoD entity, DoD commercial activity, or other indirectly controlled private entity or intermediary

__ Transshipment of resources from non-illegal activity to illegal activity

__ Transfer directly from non-illegal activity to backfill losses, use, resource depletion at illegal activity at base, depot, post, installation, port, storage facility, contractor dump site.

__ Transfer of assets, finances, fuel, energy, or other resources from alternate locations, through Canada, then overseas through Great Lakes, or cross border; Customs well aware of isolated areas DoD could establish beach heads or cross-border transfer

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Indicators of Illegal DOD workarounds

Some of the same indicators of corporate fraud will be relevant to a DoD effort to circumvent the Attorney General Efforts. DoD workaround will relate to adjusting fuel and energy delivery shipments to locations and facilities on the Attorney General target list:

__ Sudden infusion in local economy of funds from firms with poor track records, scant history, or unrelated to area of business

__ Construction equipment unrelated to bonafide public contract or funds

__ Surge in convoy, construction traffic in isolated border areas

__ Fuel shipments in unusual locations

__ Spikes in communication in isolated regions using military, encrypted frequencies

__ Re-routing of rail lines

__ Alternate schedule requirements, with high volume, sudden changes

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Attorney General Evidence Review

__ Secure changes in DoD CPARS

__ Identify DoD program changes

__ Review program briefings

__ Identify DoD program element contract numbers in Descriptive summaries

__ Subpoena information Congress should be getting from program office

__ Identify program office, base, depot, post, installation contracting officials, POCs

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DHS Data

__ Customs use of illegal transshipment points, bank accounts, overseas entities

__ Cash disbursements outside prohibited areas

__ Overseas DoD accounts used to purchase blocked, prohibited, or illegal material, resources, or reserves

__ Training locations, sites of illegal activity

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__ DoD logistics support centers providing direct or indirect support to illegal activity

__ DoD commercial contractors providing illegal training

__ DoD Command HQ providing oversight, organization, direct, plans, and other illegal support for war crimes planning

__ Coal transfer sites

__ Water purification support

__ Maintenance support facilities

__ Technical writing facilities

__ Training facilities

__ Software engineering, human factors

__ Packaging centers

__ DoD Depots

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DoD Workarounds

DoD will attempt to thwart the State-level injunctions, and prosecutions.

__ Illegally diverting resources from civilians to illegal military activity

__ Shifting resources from non-targeted facilities to illegal activity.

__ Rerouting rail-coal deliveries through non-direct rail lines.

__ Shipment through Great lakes

__ Transfer grid energy from Canada

__ Panama

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DoD Bottlenecks: Discovery Goldmines for State Attorney General

__ Inability to transition from current maintenance level concept to multi-level maintenance concept

__ Difficulty in timely transitioning

__ Reliance on records, data, and electronic storage for scheduling, coordination

__ Entrenched business practices, inflexible to lawful solutions

__ Entrenched training models linked with unlawful assumptions

__ Command guidance linked to unlawful DoJ/AG staff assumptions

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Injunction, Court Orders

__ Identify contracts to review, cancel

__ Identify DoD, DoJ installations to target

__ Identify DoD installation commander directing illegal backfilling

__ Identify fuel/coal shipment times, diversions to illegal activity

__ Identify transshipment points

__ Discuss with overseas warrant reviews [EU, SWIFT]

__ Estimate contribution to illegal activity

__ Target: Finances, resources, personnel, and material.

__ Injunction requirements fulfilled

__ Shut down e-mail accounts connected to illegal activity

__ Direct BIS and Fund wires to shut down/freeze all cabinet member financial accounts, wire transfers, checking, overseas trust accounts.

__ Target Cheney's funding. Seize assets and holdings in European bonds.


__ Software uploads

__ Workarounds

__ Identify IP, ISPs connected with US Treasury, DFAS


Emerging Lines of Evidence

There will be new lines of evidence each time DoD adjusts to circumvent the plan.

__ Customs, DoD overseas front entities as transshipment points for cash, resources, and contracts.

Indictment Information


__ Venezuela has promised alternative lines of fuel

Public Direction

__ Report all illegal transfer from civilian to military uses

__ Observe and report outrages by military and contractors against civilians

__ Identify military convoys, commanders, personnel imposing force on civilians

__ Report military seizing civilian goods

__ Report unexpected shortages of dual-use (military-civilian) goods

__ Report Geneva violations to Media, local law enforcement, and State Attorney General


__ Report fund transfers, unusual ground traffic

__ Examine changes in fuel, truck routes

__ Identify the paths around port, base, depot, post, installation

__ Identify threats against utility power workers, water purification teams

__ Report cash withdrawals by DoD personnel

__ Identify link to US government commercial entities

__ Monitor source of funds, cash transfers

__ Monitor effects of US government to use non-electronic methods of funds transfer, lines of credit

__ Determine how DoD is providing data to Attorney General on fund transfers, changes in shipment times, and other contract modifications

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Finances: Issues for the State Attorney General injunction, subpoena

These are preliminary steps when targeting alleged war criminals in either the House or Senate. This information will identify the funding for specific programs, activities, contractors. Results to be provided to war crimes prosecutor.

__ Foreign assets

__ Source of funding

__ Funding to target, shut down, freeze

__ DoD Program Element source

__ DFAS accounting, budget data

__ BIS, FED Fund wire transfer data

__ Monitoring accounts: Closures, new activity, new sales

__ Monitoring change of address, transfer, new account openings

__ Presume all changes are related to illegal effort to thwart state prosecutors

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Targeting Member of Congress Financial Data For Injunction

Preparation list when freezing Member of Congress communication, finances, and other information. Intended to ensure Member of Congress is unable to use illegal funds, or continue activity while subpoena prepared. Information and analysis to be provided to war crimes prosecutors.

__ Personal address

__ Identify cell, fax, private e-mail, communication systems

__ Taxpayers ID

__ Identify banking, financial institutions

__ Identify account numbers

__ Funds available

__ Trust

__ Real estate holdings

__ Credit card numbers

__ Congressional associates, bank numbers, campaign accounts

__ DFAS accounting numbers

__ Program elements Member of Congress associated

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Coordination With Investment Banks

__ Freeze funds

__ Refuse wire transfers

__ Hold funds until approved through AG office

__ Identify account numbers of Members of Congress, DFAS

__ Forward summary report to Attorney General for Court injunction

__ Banking filings

__ Travel documents, invoices, shipment codes

__ Inspection reports of waterways, coastal areas, rivers

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Preliminary Steps Just Prior to Arrest

__ Freeze Member of Congress assets, cash, payments

__ Freeze credit cards, checks

__ Change all account passwords with consent of Court

__ Instructions to all tellers, account managers, and data fields in instructional notes: Wire transfers will not be accepted, mortgage payments frozen, school loan payments frozen, all funds for trust accounts inaccessible. No new accounts possible. No other information.

__ Monitor post-freeze activity, pseudonyms, and communication with associates, neighbors, family members, colleagues.

__ Ensure sufficient overtime budget available for monitoring, audio/visual recording, and transcription services.

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Entrenched Illegal Assumptions Within DoJ and DoD

These legal assumptions will give state level investigators ideas on other modes DoD and DoJ will use to circumvent the court and Attorney General Investigation. See the FY06 Intelligence Budget Analysis.

__ Entrenched Addington-Gonzalez approach to legal issues at odds with Statutory requirements

__ Disregard for rules

__ Assertion of Presidential power without regard to rules, requirements, ministerial duties, oath of office, Constitution, treaty requirements

__ Illegal justifications to violate treaty, Constitution, statute, ministerial duties

__ Unreasonable, unlawful explanations why clearly promulgated rules, procedures, or other sound business practices do or do not apply.

__ Unreasonable assumptions, acceptance that there exists no lawful oversight by the States, Attorney General

__ Unreasonable, unlawful presumption that State Attorney General has no basis to review unlawful DoD operations

__ Unreasonable assertions that personnel, situations, plans, events, operations, organizations are outside State AG review

__ Invalid exceptions to state laws

__ Illegal assertion that combat operations trumps Constitution

__ Illegal presumption that due process, State AG, or other State level oversight is not applicable

__ False assertions that State AG has no legal protection or justification for action

__ Illegal assertion that state level officials must accept without question DoD conclusions without claim, question, remedy, or challenge

__ False assertion that State officials have no legal standing to establish probable cause

__ Illegal assertion that Article III judicial review, State AG investigations are not applicable to illegal DoD activities within the State

__ Unreasonable assertions that war-related activities are always permissible, regardless the legality or illegality of that conduct

__ Unconstitutional assertion of broad, expansive Executive power without regard to narrow powers which State Attorney Generals can review relative to state law

__ Illegal assertion that President can do anything without any interference by State attorney General

__ Illegal and unenforceable assertion in planning memos, DoJ Memoranda that State requirements, standards, policies, and requirements do not apply and can be ignored

__ Illegal assertion that a DoD-contractor agreement, when classified secret, cannot be reviewed by State Attorney General when that agreement violates State law, US Constitution, and criminal statutes within the state.

__ Illegal assertion that a privacy agreement is always enforceable, even when that privacy agreement is unconstitutional, undermines the Constitution, trumps the Article III powers of Judiciary, or illegally ignores an Article I power of Legislature to define what is or is not legal

__ Illegal assertion by Executive that his signing statement trumps Article I and Article III powers of Legislature and Judiciary respectively

__ Illegal assertion that unlawful activity can be classified, when it cannot

__ Illegal assertion that a classified program, connected to illegal activity, is beyond discovery, when it remains fully discoverable

__ Illegal assertion that unlawful activity is subject to executive privilege, despite that activity being publicly disclosed, connected to fraud, or is unrelated to a lawful/Constitutional objective

__ False restatement of Geneva

__ Incorrect assertion that an agreement does meet the requirements, but it illegally permits unlawful behavior and conduct which falls well short of Geneva