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Sunday, October 15, 2006

Success Criteria for House Ethics Investigation

These are sample criteria you may wish to consider when evaluating the adequacy of the House ethics investigation.

Here is a draft final report and questions which should be addressed.

* * *

The House Ethics investigation has broad implications. The same patterns of failed governance permitting page abuses were instrumental in FISA-NSA violations, war crimes, illegal rendition, prisoner abuse, and unlawful war.

The House Ethics investigation will have served its purpose when the results are provided to The Hague to prosecute Members of Congress and the DoJ Staff for failing to prevent war crimes; and when the report is used to modernize the failed system of American governance under this Constitution.

If the House report fails to transform American governance, then a New Constitution may be needed (a) to compel this Government to do what it should; (b) to include meaningful consequences for failure to act and prevent violations of the law; and to more effectively protect rights and prevent the abuse of power. [ Sample changes ]

[This may be updated without notice]


___ Discussion of failure/success of checklists and notification systems to fully implement legal requirements.

___ Description of legal counsel problems and requirement to oversee, discipline, and disbar counsel for alleged violations of law, or attorney oath.

___ Discussion of House leadership appointments, oversight, and failure to remove personnel despite legal options to act.

___ Discussion of software system DoJ uses to track bills-statutes to enforce Title 2 Section 88 requirements.

___ Explanation of legal consequences imposed on DoJ counsel and personnel who released false, inconsistent, and deliberately misleading information related to the status and quality of evidence provided.

Personnel, Organizations

___ Discussion of oversight system within DHS and Treasury funds tracking system.

___ Discussion of legal memoranda which White House counsel drafted related to effort to enforce or not enforce Title 2 Section 88.

___ Identifies how the acquisition organizations did or did not fail to ensure the legal bill status and enforcement mechanism within Congress and DoJ.

___ Discussion of DoJ AG Title 28 reporting requirements and failure/compliance.

___ Discussion of Page Oversight Board inputs from Senate, and Supreme Court.

___ Discussion of DoJ OPR review of DoJ personnel who provided misleading information; and whether DoJ OPR were or were not prevented from fully complying with their statutory obligations.


___ Clearly identify the systemic governance failures contributing to failed page oversight, and linked with patterns of abuse contributing to FISA-NSA violations, war crimes, and illegal rendition-detention in Eastern Europe.

___ Discussion on why there were or were not failures to apply lessons of 1980s to page oversight system.

___ Discussion on non-use or poor use of checklists.

___ Discussion of failure of House leadership to oversee Page board and legal counsel assigned.

___ Discussion of the methods to more effectively ensure legal counsel are doing their jobs [Increase peer reviews; outside audits of attorneys; no-notice visits]

___ Discussion of the alleged illegal agreement to no enforce the law, mitigate risks related to non-enforcement, or assent to an Article III court to oversee the legal issues.

___ Plan to forward information and findings to a war crimes prosecutor for purposes of investigating failed governance issues in re Geneva violations, war crimes, prisoner abuse, and illegal war fare.

___ Plan of Congress to freely assent to war crimes prosecutions for failing to prevent war crimes, and not mitigate defective oversight contributing to FISA-NSA violations and illegally captured data used to implement plans related to prisoner abuse and unlawful war.

___ Discussion of how information will be used to effectively prosecute individual commercial contractors who failed to remove themselves from the illegal agreements, and otherwise assented to illegal laws, orders, or other policies to violate the laws of war, US Constitution, code, and treaty obligations.

___ Discussion whether the information will or will not be used during an impeachment proceeding against DoJ, White House, or Cabinet officials.


___ Workable plan, checklist, and schedule to implement the needed reforms within Congress.

___ Sample checklists which might have been helpful to monitor the program.

___ Ensure attorney standards of conduct are enforced by the Members of Congress; and failures of Congressional attorneys to do their job subject to House and DC Bar disciplinary boards

___ Referral to Attorney Disciplinary boards for failure to do what should have done [Documentation, reporting, removal from illegal activity, prevent illegal/inapprpriate activity]

___ Legislation that would ban any American from denying the American Government, Members of Congress, and the Executive Branch had been complicit in war crimes, unlawful abuse, Geneva violations, and genocide in Iraq.

___ Options for the States to implement if Congress fails to assert 5 USC 3331 oath of obligations. Examples:

___ Prosecution of President at state level Authority;

___ Using state-level national guard units to (a) lawfully seize Members of Congress who defy their oath, and lawfully prosecute them for war crimes; or (b) deliver them to The Hague aboard National Guard Aircraft, with lawful orders to interdict, shoot down, and destroy any and all US or allied active duty combat and support aircraft which may interfere with their delivery to The Hague for war crimes prosecution;

____ Using state level prosecutions to prohibit state level contractors from doing business with US Government engaged in war crimes Sample.

Tables, Exhibits

___ Timeline of notifications

___ Comparison between attorney standards of conduct vs. what they failed to do

___ Sample checklists used to monitor the status of a bill, statute, or other legal requirement.

___ Sample decision tree, logic diagram, or other device to track the status of software development, and assurance that it fully supports Congressional, DoJ, and White House Staff counsel requirements to monitor, implement, and enforce a statutory requirement.

Sample Evidence

___ Copy of DoJ Acquisition contracts identifying key decisions, personnel, and approval documents of final software used to track, monitor, and enforce statutes.

___ Sample memoranda, checklists, and approval documents of Speaker to approve appointment of personnel to Page Board; and annual certification of ongoing approval-understanding of their recommendations, policies, and guidelines.

___ DoJ Staff counsel memoranda on whether 2 USC 88 bill-statute updates are or are not meeting objectives [Source: OLC, OLL, OLP]

___ Attorney General Title 28 certification letter to Members of Congress on decision to not enforce a specific statute.