Constant's pations

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

Wednesday, October 04, 2006

Rumsfeld Targeted For War Crimes

The Secretary of Defense has been sued by prisoners illegally held in violation of the laws of war.

This is the first step to prosecuting the Secretary of Defense for war crimes. The punishment for failing to enforce Geneva can include the death penalty.

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The illegally detained, innocent, non-charged civilians held in Afghanistan, have challenged the illegal Military Commissions Bill, and are asking the court recognize the privilege of writ of habeas corpus.

The burden of proof rests with the United States and the Secretary of Defense to justify why they have denied innocent people their rights. Rumsfeld, legally responsibile for enforcing the DoD 5100.77 laws of war program, allegedly knew or failed to enforce the laws of war.

It is clearly established that attorneys, judicial officers, and prosecutors who fail to enforce the Geneva Conventions may be lawfully executed as war criminals by an international war crimes tribunal.

Allegedly complicit in the illegal detentions is the DoD General Counsel Haynes who also knew, or should have known the laws of war; and that the prisoner detentions were not consistent with Geneva.

Reportedly, the Vice President's chief of staff knew of the illegal Geneva violations, but refused to stop the war crimes, absurdly arging that to change the poilcy would be an admission of wrongdoing. The illegal abuses continued.

Allegedly individual Members of Congress, National Security Council, DoJ Staff, and others in the executive branch have engaged in an illegal course of conduct to violate the laws of war.

It is too late for Congress to invoke any claim that anyone may be denied the right to have their detention challenged. This restriction should have been imposed in 2001, however the court in Rasul has already affirmed the right of prisoners to challenge their detention.

The US Constitution and Geneva Conventions apply wherever the United States detains people. It does not matter whether the US prisoners are located in secret locations in Europe or in Afghanistan. All DoJ Staff claims that the Geneva protections do not apply are not consistent with Hamdan. The Supreme Court affirmed the responsibility of the United States to comply with all Geneva requirements.

The failure of any court to recognize this privilege, and the prisoners Geneva Convention rights, is a war crime. It will be interesting to see how quickly/slowly this request is reviewed; and to what extent foreign fighters use their illegal detention as a basis to continue their attacks against the incompetent Americans.

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Lawful State Options

(1) Raising An Army To Subdue The Alleged War Criminals

If the American government refuses to assent to the court, then here is a discussion, with case law, which would support the States lawfully organization to raise an army to lawfully overtake Congress, and return the United States Congress to a Constitutional System: [ Ref ]

(2) Prosecuting Individual Members of Congress For War Crimes

The States may lawfully bring felony charges against individual Members of Congress for failing to prevent Geneva violations; failing to investigate; and failing to enforce Geneva. The states also have the power, duty, and right to lawfully raise an army, and may take lawful action under this Constitution to lawfully invade, subdue, and bring to justice any individual Member of Congress who has failed to enforce Geneva; or has permitted these violations of Geneva to occur. The Constitution permits the states to lawfully oppose, and if Congress refuses to assent to the rule of law, the States have the legal authority to independently raise an army and lawfully invade, and bring to justice the alleged war criminals inside the United States Congress. [ Caselaw ]

(3) Ending all Unlawful Commerce to Support US War Crimes

The states also have the power to lawfully work to end all illegal support for the war criminals in the US government. States may lawfully draft legislation that will lawfully prohibit their states-related entities, firms, contractors, and citizens from doing any business with the United States government that refuses to assent to international law. Ref

(4) Prosecuting the President

The States have the power to prosecute the President. The States have the power to enforce state criminal statutes. They have the power and duty to lawfully arrest, detain, and prosecute the President of the United States. Detals

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State Authority To Asssert Military Power Against War Criminals

The States, when the US Congress defies the Constitution, have the legal authority to assert their power, use all lawful force to protect the Constitution. Congress and the DoJ Staff may not credibly argue that the alleged Geneva violations are required; or that the Congress's illegal acts are Supreme.

Case law clearly establishes that any party may lawfully assert their oath, protect the Constitution, so long as that assertion of power does not take away the lawful power of any other party.

Allegedly, the President of the United States and Attorney General have failed to enforce the law, not provided to Congress an explanation for their failure to enforce 5 USC 3331, the oath of office applicable to all Members of Congress. The States may lawfully assert any and all powers to check the Congress which is in rebellion; and has illegally passed unlawful bill of attainders, expose facto, and has failed to preserve, protect, and defend the Constitution.

Congress has illegally asserted Article III judicial powers and unlawfully denied the courts from reviewing matters We the People have expressly delegated to the Courts. Congress has no power to interfere with ongoing litigation, nor may it retroactively make rules in 2006 affecting prisoners who were illegally detained prior to 2006. [ Sample precedents ]

Other Links

Here are other links of interest related to the unfolding effort to reassert the US Constitution, and lawfully prosecute alleged war criminals in the United States government.

Linked with the alleged conspiracy to deny rights to prisoners are the Vice President and Chief Justice of the United States, alleged defendant Roberts. Ref

Part of the alleged conspiracy to unlawfully abuse prisoners, deny rights, and deny prisoners their Geneva rights is Abraxas Corporation, the firm which alleged placed the CIA agents involved in the alleged illegal violation of Geneva. Details: Discovery plan

The Republican party has allegedly illegally bribed government officials to dissuade them from enforcing Geneva. More

Here is more information related to the alleged war crimes the American Congress and individual DoJ Staffers have committed. Ref

Ref Members of Congress have failed to assert their 5 USC 3331 oath of office, and have engaged in war crimes by failing to investigate and not preventing war crimes.

Ref Members of Congress have illegally passed legislation that would provide a financial reward for their failure to enforce Geneva. Rather than investigate the alleged war crimes, Members of Congress working with the DoJ Staff have passed legislation that will pay the defense costs of those who refused to act. This language is an illegal reward for malfeasance, against public policy, and is contrary to the Geneva Conventions. Details