Constant's pations

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

Wednesday, November 01, 2006

Accelerate War Crimes Prosecution Timeline

Regardless the election results, you are encouraged to accelerate your timelines related to war crimes prosecutions.

Ref: "If Americans knew the full extent of U.S. criminal conduct, they would receive returning Iraqi veterans as they did Vietnam veterans, Hersh said."

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Planning continues regardless the results of the November elections.

Discussion: Ref

(1) Prepare for 2008

There is a three week window where the Senate will change before the President leaves in 2009. Once the new Senate is elected in 2008, they can lawfully convict the President in the final weeks of his Presidency.

Working backwards, from 2009 to 2006, 2/3 of the Senate will have been elected.

Build on the gains since 2004, and continue to press to show there are credible reason to demand facts of a wartime President.

(2) DoJ Staff Counsel Disbarments

Continue Civilian Oversight of DOJ Staff, work with the States to prepare indictments and disbarment of DOJ Staff counsel assigned to your state disciplinary board.

Encourage your friends to support a parallel track: Continued pressure on Congress to investigate; and pressure on state-level officials and candidates who support fact finding and prosecution of state-connected federal officials, agents and attorneys.

(3) State Prosecution of President, Members of Congress [ Ref ]

State Attorney Generals have the power to lawfully enforce their state's right to a Republican form of government, demanding accountability for a failure of the US government to provide an enforcement mechanism. Whether the President and his alleged co-conspirators in the Department of Justice are lawfully executed is an interesting, but less important matter.

The State privacy litigation against the NSA contractors is instructive. Some state officials in Vermont, Illinois, California, New Jersey, Maine, Missouri, and others have seen the state power to hold Federal officials and contractors accountable for violations of state law.

Similarly, state officials should be expected to take a position during this election on whether they will or will not work to lawfully prosecute the President; commit to a plan; or explain their planned inaction.

(4) War Crimes [ Indictments Archive ]

Procure Evidence of Interest to War Crime Prosecutors. Of interest will be the evidence from allied nations related to American government ongoing negotiations with Syria and Iran over Iraq. There will be additional information on illegal prisoner abuse and secret negotiations between the US government and insurgents in Iraq and Afghanistan; and the discussions between the UK and Syria over stabilization efforts in Iraq, and Lebanon. Syria is alleged to have been complicit with illegal war crimes planning and illegal prisoner abuse.

Despite the Abu Ghraib investigation and outcry over Guantanamo, SecDef has failed to implement the 5100.77 Laws of War program, and prisoner abuses continue. SecDef knows, or should know of the abuses; and his overseas commercial facilities, which he uses as cover to collect intelligence, have transferred the data through the fiber optic lines and has been intercepted. Hezbollah is alleged to have captured data and documents related to American war crimes in Iraq and Israeli war crimes in Lebanon.

(5) Learn From the European Investigations

Although losing by just fewer than 30 votes, the tide has turned in Europe. Minority parties have challenged the illegal activities in Iraq, and have called for investigations into the UK role after the illegal invasion of Iraq.

Like the Downing Street Memo, the European reviews will reveal more information related to war crimes planning. Rendition, illegal abuse, and unlawful prisoner detentions will continue to unfold in the Italian prosecutions against American Embassy personnel.

(6) Coordination With The Hague

The Hague, EU, and UN General Assembly should be encouraged to pressure all nations to secure data which may be of interest to war crimes prosecutors.

It is appropriate to establish liaison with The Hague, establishing whether they are getting the support they need. The Hague should be encouraged to outline the data support requirement they have, file plans, and other assistance they may require to timely secure data, present indictments, and complete adjudication of war crimes charges against the President, Vice President, and their alleged co-conspirators.

The Hague does not appear to have been given serious attention and cooperation from the US Attorneys, nor the Department of Justice. The White House, Congress, and Attorney General, if they jointly refuse to cooperate with The Hague, may be put in a less favorable light.

Some of the evidence linking American contractors, CIA agents, military personnel, and US government officials has been deliberately destroyed. However, the war crimes indictments can be proven using other evidence the Americans do not control.

The US, despite efforts to censor or destroy evidence related to war crimes planning, have failed to insulate the President and DOJ Staff. Open source media and intelligence from Iraq creates a picture of confusion and chaos. However, it is possible to capture data from American military personnel posting information on blogs; track their movements; and align their public reports with subsequent war crimes allegations.

(7) Reforms to US Constitution, Governance [ Working Document ]

The New Constitution planning continues. American citizens should continue to work with their friends to solicit inputs, foster discussion, and encourage open debate outside Congress on what changes are required to prevent this abuse of power.

These Constitutional reforms can be implemented with a New Constitution, in accordance with Federalist 78, and do not require the Amendment process, only government sponsored changes.

A. Prepare Voter Comments

Voter and citizen comments should be organized into problem-remedy format. The goal is to outline an improvement of the Constitutional system. Some changes include creating a tri-cameral system; or splitting the Executive into two or three different Presidents. Other ideas include diluting the power of the senate and transferring Congressional Oversight to State-level regulated entities.

B. Identify Remedies To One-Party Control

Voters have the power to choose their candidates. However, we've seen the abuses under the Republican party. The discussion should focus on the reasonable way that a single party, if it controls all three branches, can be credibly checked. Some ideas include mandatory minority-party leadership; or splitting the Chairmanship on the basis of time: If a minority party has 10% of the votes, then it should control the Chairmanship on all committees 10% of the time.

C. Method to Credibly Enforce Oath of Office

5 USC 3331 is the Member of Congress oath of office. The problem has been the failure of the House Ethics Committee, Attorney General, and Department of Justice to effectively enforce 5 USC 3331, especially during times of Presidential rebellion against the Constitution.

There must be a method to effectively sanction members of Congress for 5 USC 3331 violations. The Constitution should include reminders for the State-level actors to enforce federal law when Federal officials fail to protect the states' guaranteed right to an enforcement mechanism under a Constitutional Republic.