Constant's pations

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

Tuesday, October 17, 2006

US Attorneys Demonstrate Contempt For Rule of Law

Public confidence in the legal profession and American government depends on public confidence that the rule of law is working.

The US Attorneys have demonstrated they are not committed to the rule of law, nor that they are asserting their moral best to do their job.

There is evidence of war crimes which the US Attorneys refuse to prosecute. The US Attorneys working in the Department of Justice should be lawfully targeted by State officials and international actors to prosecute them for failing to enforce the Supreme Law and prevent war crimes.

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DoJ, White House Staff Giving Nonsense Reasons To Avoid War Crimes Investigation; DoJ Officials are giving excuses not to do their job.

The DoJ Staff and US Attorneys have a problem. They are pretending that patterns of abuse related to war crimes cannot be investigated. They are incorrect. There is no statute of limitations on war crimes.

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BRT: Investigator Rodney Thompson of the Tarrant County Sheriff's Department

None of that information can lead to criminal charges because the alleged incidents took place too long ago, Thompson said. But prosecutors said the statements are significant because they could suggest a pattern.

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Excuses Not To Enforce Geneva

The House ethics investigation has more signs of defective, lazy legal counsel.

Consider this statement:
A second law enforcement official said the 1996 Kolbe trip may be too old to investigate as a criminal matter Ref

Before we dive into the analysis, put aside the following issues, which remain a matter for the war crimes tribunal to adjudicate:

A. Unlawful communication with media

The official is illegally discussing litigation strategy related to an ongoing investigation, and could be prosecuted for commenting to the media for disclosing material information related to an ongoing Federal investigation;

B. War Crimes

The investigation could relate to a pattern of conduct related to war crimes; and

C. Interference With War Crimes Investigation

The disclosure of this information may be adjudicated by a war crimes tribunal as unlawfully interfering with fact finding that should have discovered a pattern of evidence related to violations of Geneva.

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Competent Counsel

Competent counsel would aggressively take charge of the investigation, and ban all discussion with the media. This House Ethics Cousnel and US Attorney has not done that, illegally permitting leaks related to what will or will not be reviewed. This is unpressional, and should be the subject of a DOJ OPR review.

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Analysis of Quote

Consider the quote, again:
A second law enforcement official said the 1996 Kolbe trip may be too old to investigate as a criminal matter Ref

The law enforcement official is incorrect in commenting on the statute of limitations; or what conduct may or may not be inside or outside the investigation. When reviewing a pattern of conduct the statute of limitations is not based on the first event, but on the last event.

Suppose, for the sake of argument, that the pattern of conduct (which DoJ will not review) is linked to other conduct that is within the window of the statute of limitations. There is no basis to define a single event related to this pattern of conduct as being inside or outside the investigation. Until the court adjudicates that the evidence and pattern is not relevant, the reasonable approach is to assume that the abuses are related to a larger pattern of abuses, still under Federal investigation.

Yet, in order to avoid action, law enforcement is focusing only on the events that are outside what is actionable. Rather than look for a way to review the matter, DoJ officials are using circular reasoning: Shutting down the investigation to avoid finding a pattern of conduct; then using the "nonexistence of a pattern" as an excuse to close the case.

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The appropriate choice is to open the investigation, review the evidence, then look for other evidence of wrongdoing. Whether that conduct is or is not prosecuted is meaningless. DoJ Officials do not have the power to turn a blind eye to abuse of power, but a responsibility to send a clear signal: When you abuse power, We the People shall find a way to lawfully retaliate against you.

If the DoJ Staff is not willing to find a way to lawfully punish those who are abusing power, then DoJ sends a signal that it is part of the problem: A culture that fails to act; then uses their inaction as an excuse for more inaction.

Rather than look at the pattern of abuse that may be explained away, look for the pattern of abuse that continues: There is no statute of limitations on war crimes; when the Congressional leadership abuses and malfeasance as they relate to Foley can be linked with the broader pattern of abuse related to war crimes, the DoJ will have awoken the problem within their ranks: DoJ Staffers have failed to gather information to prevent the President from abusing power, but have illegally assented to illegal warfare, violations of Geneva, and hope to pretend that nothing can be done.

There is no statute of limitations on War Crimes.

The pattern of abuse related to the Foley misconduct is linked with the same Congressional malfeasance linked with war crimes

DoJ Staff and US Attorneys have no basis to isolate the pattern of abuse to what did or didn't happen many years ago. The pattern of abuse continues, is linked with war crimes, and the DOJ Staff has no legal foundation to suggest the pattern of abuse cannot be reviewed.

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The same abuse of power which is linked with the Congressional leadership failure to investigate the Foley abuses, is the same pattern of abuse which the US Attorneys say cannot be prosecuted.

The US Attorneys are wrong. They defy their oath. They are not doing everything within their power to protect the Constitution. The DOJ Staff, FBI agents, and US Attorneys are part of the problem. They have deluded themselves to believe that there is no hope. Rather, there is hope so long as the US Attorneys are under the lawful threat of being disbarred for failing to assert their oath and protect the Constitution.

What You Can Do

1. Find the name of all DoJ Staff counsel and US Attorneys assigned to your state.

2. Request your State Disciplinary Board investigate why the US Attorneys are not investigating war crimes

3. Move to lower the standards by which US Attorneys are lawfully disbarred under State rules governing attorney misconduct and malfeasance

4. Make the US Attorneys demand protections and legal rights that they refuse to enforce.

5. Apply these lessons to all personnel in the Department of Justice. Perhaps they can be induced to do their jobs and assert the rule of law.