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Sunday, November 19, 2006

Winter of US Government Inaction

Article 1 Section 5 of the US Constitution does not permit the Congress to recess for more than three days, unless both Houses approve.

The RNC remains in charge, and they must be forced to confront the issues they have ignored; or have their refusal thrown back at them between now and 2008.

The way forward is for the Senate DNC to filibuster the Article 1 Section 5 Winter Recess request, until the House and Senate RNC leadership agree to confront in November 2006 the issues which remain on the plate.

[Rushed for your consideration]

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This note has three parts. Part I is a discussion of the Constitutional recess rules; Part II is a discussion of the agenda the RNC, while they remain in charge, should be forced to confront in November 2006; and Part III includes themes We the People can remind both parties between now and 2008 of what they refused to do in the Winter of 2006, when they had the power to act, or make excuses for inaction.

This note will outline a general set of issues the RNC leadership has failed to review; outline some general solutions which both parties refuse to discuss in November 2006; and sets the stage for We the People to demonstrate that both parties are incapable of engaging bipartisanship, and are not wiling to use power when they have it. There’s no reason to give them more power in 2008

* * *

Part I: Article 1 Section 5

The Constitution does not permit either chamber of the Congress from leaving for more than three days, unless the other Chamber agrees:
[Article 1 Section 5]Neither House, during the Session of Congress, shall, without Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

The framers intended that Congress work, and when they are in session, that they continue to work, until they jointly agree to end their work.

The Senate minority party in November 2006 has the power to engage in a filibuster, and prevent a winter recess until the RNC faces a number of issues.

The goal of the filibuster is to keep the House and Senate in session; and force the RNC to commit to inaction when they remain in charge. The only option the RNC has is to confront the issues; or override the filibuster; suspend the rules; or exercise the nuclear option and eliminate the filibuster.

No matter what the RNC does or doesn’t do, the DNC will have put the RNC on notice that the Republicans, as the majority party, still have the responsibility to face issues.

The specific issues the RNC could face are secondary. What the RNC should be able to do in November and December 2006 is issue subpoenas, start investigations, and confront the issues in a bipartisan manner. If they refuse, that is something the DNC can point to: When given a chance, and they still had the power, the RNC refused to address the joint issues they well knew had to be handled and addressed.

Some might suggest that it is better to wait until January. This is absurd. By waiting, this will play into the hands of the RNC who will use their inability to pass legislation in 2006 as an excuse to stonewall in 2007. Within a few short days of the new Congress, the President will issue his new budget for 2008; the problem is this Congress hasn’t faced the 2007 budget, nor passed it. By waiting until January, the 2008 budget cycle will overlap. The time to face the issues is now.

More fundamentally, this Congress, by refusing to conduct investigations, has no credible basis to make appropriations. Appropriations made without regard to the RNC mess in the White House is reckless. The job of the Congress is to conduct oversight, ensure that the appropriations are reasonable, and that if there is illegal activity, that money is shut down. This Congress doesn’t want to do that: It want’s to pretend that things are fine; and not use the power of a filibuster to force the RNC to continue governing.

If the Congress jointly agrees to leave for a Winter Recess, We the People may make adverse judgments: They are not willing to use their power to confront issues. If the DNC does not want to use the filibuster to compel action, why should anyone believe they’ll seriously compel action when in charge.

The RNC needs to decide in November 2006 whether it is serious about an agenda; or playing games. The DNC has offered an olive branch of bipartisanship. If the RNC refuses, that can be used against the RNC in 2007 and 2008. Moreover, the benefit of confronting the issues, and forcing the RNC to commit in 2006 is to give the DNC a chance to get the inputs from the majority: What are their concerns; what are they willing to confront; and do they have ideas.

Looking backwards from 2007 into 2006, it is the RNC to plan to ignore the mess they created, and make it look as through the DNC cannot lead. The correct approach, to pre-empt this ploy, is to force the RNC out into the open, get them to commit to either action, inaction, or partisanship. Either way, the RNC is in the weakened position. By refusing to start now what it knows is inevitable, the RNC fails to send any message that they are willing to use power when they have it; and there’s no reason anyone should believe the hollow messages of the Presidential candidates in 2007-08 that they are better suited for leadership. Those candidates are in the GOP now, and in positions of influence. Rather tan confront the issues, they want to delay. That is not leadership, but malfeasance.

We the People between November 2006 and December 2006 will have an opportunity to see who is or is not serious about leadership. The issue will be who is consenting to do nothing; and which Members of Congress in either party are voting for adjournment without facing the issues.

Whether the RNC claims there may or may not be specific or vague “future consequences” is meaningless. The DNC has already faced those consequences now; there’s no reason to fear what may happen: It’s happened, it continues, and the RNC has no plans to end their recklessness.

The approach forces the US Congress in November 2006 to lead. They are still a functioning body. Whether they do or do not lead is irrelevant. The issue is for We the People to drive the point home in November 2006 that this Congress is still getting paid; they have a job to do; and the bipartisanship, if it is real, needs to start immediately.

However, if the DNC and RNC leadership, for whatever reason, are not willing to put down their differences and confront the inevitable, then We the People – as was done with the 2006 election – may lawfully find new leaders, set the agenda, and impose our will: Do your job, or find another job.

The Congress should remember that their games of excuses and inaction have run their course. Deep within the bowels of the US government in both the Article I and Article II branches are plans, talking papers, PhDs, and technical experts on solving the difficult issues. There is no reason to wait. These ideas need to see the light of day now, not “sometime later” under the distraction of the Spring budget markups.

It’s time for the executive program mangers to be called into Congress, justify their programs, and get clear that there needs to be some no-nonsense approach to solutions. The Congress has staffers. Their job is to justify why We the People should believe them; where they’ve been since 1994; and what their plan is to make sure that buses We the People have been told we had to endure since 2001 are not going to happen. If they have no solutions, then they can find another job.

Again, it is November 2006. The RNC is still in charge. Then make them act like leaders. Until they do, there’s no reason anyone can justify going on winter recess. Within a few short months, every words within this blog can be linked to, and cited specifically: We the People did make an effort to communicate the concerns; there were ideas; and there were options on the table in November 2006, but both parties rejected the approach, and refused to engage in oversight, provide leadership, solve problems, and use the last six weeks of 2006 to do their jobs. There’s no reason that they should be trusted in 2008 with more power. Other options remain on the table.

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The message are simple: November 2006 is still here. The goal is to force the RNC into a no-win situation: And who the world that the RNC, when it has power, doesn’t use it, and is not well suited to be trusted for leadership in 2008.

Use the November 2006 legislative calendar to give the RNC the change to show whether they are serious about leadership, and accepting the DNC offer of bipartisanship; or whether the RNC is going to continue not provide leadership.

There are a range of solutions that We the People, outside Congress, can have an informed debate. Whether Congress chooses to participate, ignore the options, or do something else is irrelevant. The public can review the issues, make informed judgments, and make adverse inferences about whether Congress is or is not going to cooperate. We can find new leadership.

If the RNC and DNC jointly agree to do nothing despite the power, options, and leadership, then a third party will have ample time to work with the disaffected DNC-RNC membership, reach out to non-voters, and expand the power base in November 2006.

The structural problems with the Constitution are known and understood; this Congress refuses to consider what may be wrong, much less consider a solution. The defective leadership, inaction on Presidential crimes, and recklessness of Congress is understood and easily solvable. This Congress pretends that it’s confusing.

The way forward is to accept that even a lone blogger can come up with an idea; help set the agenda; and that We the People can discuss the issues which Congress refuses to engage. IN short, the US Government is showing its incompetence, and its inability to reach out, listen or lead. You, the single blogger, can make a difference simply by assuming your voice has as much power and value as the President; and that you as a lone voice can have as much influence as the Speaker or any Member of Congress.

WE the People, whether Congress wants to participate or not, can jointly agree to an agenda for November 2006; remind the public that the Congress has the chance in 2006, but failed; and that we were open to solutions in November 2006. Whether the RNC leadership does or doesn’t do their job is of little interest. We the People, as was done prior to the November 2006 election, can make informed decisions about what the problems are, find new leaders, and focus on solutions which the joint leadership of Congress and the Executive Branch refuse to address. The excuses are irrelevant.

We the People also have the competence, skill, and technical savvy to make informed judgments about what the viable solutions are; the range of structural solutions which would remedy what we know are the problems; and outline with precision for the disaffected DNC-RNC members the range of issues that their leadership refuse to act.

In short, We the People are in a no-lose position: The existing leadership in Congress and the Executive branch have well demonstrated that they are not competent; remain obstructionist; are still reckless; and would like to not do their jobs in November 2006. IN the meantime, We the People can craft solutions outside Congress and jointly work across the aisle to compel the US government to submit to Our Will. Again, the US government has no option: IT cannot do anything else; if it does, it will have well demonstrated, beyond the incompetence of Iraq, that the entrenched problems cross party lines. We need not consider their speculative threats of what may or may not happen between now and 2008. The threat is still here: It is the defective, unworkable Congress which refuses to do its job; and the unresponsive Executive to the rule of law. We don’t have to wait until 2008 to have this debate; we know now that there is a problem. Congress can either fix their problem; or we can make them.

Until they come up with a very good plan, outline, and solution, there is no reason that any Member of Congress can justify going on Winter Break. The RNC responsibility, while they still have power, is to make a case in 2006 that they’re read to take the White House. They cannot do that. They’ve been in charge since e1994, and made a mess of things. They’re not read for more power; they’re read for hearings, jail time, and indictments.

It’s time to force the RNC and DNC leadership to provide the leadership; engage in bipartisanship; set the agenda; and talk about the solutions in November 2006, not “when they feel like it.” If they don’t do it, We the People are just as capable of doing what was done prior to the November 2006 election – openly discuss the problems which the Congress refuses, and find new leaders. We the People have awoken to what is possible; it’s not a hypothetical that things can change. They already have. The Congress and the Executive have been slow in providing the new leadership. We don’t have to wait for new leaders -- the change has arrived; it’s time for the Congress to get to work in November, otherwise, they know what We the People are capable of doing when we lazily set our minds to it.

The Congress and President shall in November 2006 and December 2006 demonstrate bipartisanship and discuss the issues, set agendas. If they refuse, but go on break, then We the People may make the adverse inference that neither party is willing to use their time in power to solve problems. New leaders are capable of doing this. The new leaders are people like you who can see reality, know there is a problem, and are outraged that the Congress has lazily “gotten around” to addressing things that should have been faced long ago. The excuses have run their course. We the People have woken up; and we can provide the leadership, especially when Congress and the President jointly agree to something other than their moral best to protect the Constitution and assert their oath.

This Congress has November and December of 2006 to demonstrate leadership, face the issues, engage in debate, start reviews and investigations, agree to an agenda, and solve problems while they have the power. The RNC does not have the option of delaying; that delay is evidence of their reckless defiance of their oath; and their willful refusal to use six full weeks to their advantage. No excuses. Remember that in 2007 when the RNC leaders start to pretend that they have a vision. Where were they in 2006? Silent, lazy, and not providing the vision that We the People already have: Change.

The Congress and President have run out of reasonable time and exhausted a reasonable amount of patience. The US government is not in a credible position to provide leadership. There are many plans, solutions, and ideas within their staff, within the program mangers minds, but the joint leadership refuses to discuss these issues and solutions in November 2006. Giving them more time to ignore people they are paying to do fine work isn’t a solution. It’s time to get the people with the ideas, who’ve already give up hope, a chance to appear before the Congress in November 2006 and discuss the way forward.

The Staff counsel for the DOJ and the Congress needs to be heard. The PhDs from Academia, those on contract, and working on solutions to these problems need to be brought before Congress in November 2006: What are the ideas. This Congress has six weeks work of time to get work done. In 2007 the question will be: Did they listen; or did they make more excuses to pretend to be leadership, while they did nothing. IT doesn’t matter what they do: We the People know full well how to find solutions; reach out to others; engaged in discourse; and then let Congress pretend it is leading.

Those days are over. Time for Congress to lead, or let We the People make them. Congress is not cooperating. They have no choice. Remember than in 2007.

Again, the point is to make the RNC confront the issues in November 2006 while they are in charge; and force them to take a position. If they will not commit in 2006, why should we believe they’ll commit in 2008. NO reason.

Show the world in 2006 that the US Congress, despite getting paid, is not willing to confront issues; and despite the power, is unwilling to use it. Once the candidates start appearing in 2007 with more request for support remind them: We did our job; you failed. Go away. They’re lazy.

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All the DNC goals for the new Congress should be presented to the RNC in 2006. Don’t wait. Force the RNC to comment, take no action, or make excuses not to confront the issue.

Just as Israel is the big unspoken in the Middle East, so are the President’s crimes: Neither party wants to touch it, because they think it is a no-winner. Wrong answer. New leaders can be found who will confront the issue, and dare to outline credible solutions in November 2006. Where is the RNC-DNC leadership? Playing the silly game of, “If we dare to do anything we might lose.” Wrong answer. If you don’t do anything, you will lose more.

Force the RNC majority to act in a bipartisanship manner now. Force them to face all the issues. Get them to comment. Either they are with it, or they are not. Use the RNC refusal, excuses, and non-compliance with that reasonable request as information for the primaries in 2007 and 2008. Use their refusals at the state level when deciding who you want to believe; or who is giving you BS.

Show the world that the RNC is still not read to lead. Show the world that the US government has failed to adjust; and that they are not listening. Meanwhile, continue with your discussions with your friends: It doesn’t take much to reach across the aisle, discuss common problems, and recognize the problem is the US government: It’s failed, it’s structurally flawed, and it can be fixed. Changes are on the way. Doing nothing doesn’t make the change go away, it compels the change.

* * *

Consider the Congressional salaries. Look at how much money people are paid. Consider the number of staffers and contractors. Consider the vast number of meeting, trips, and reports that are generated. What do we have? A mess. That’s no answer. The solution is to look at the disaster, and solve it.

This Congress doesn’t want to look at what’s failed. They want to “press on” to other things. More rubber stamping, but no review of what’s failed. They can’t answer the simple question: What is the basis for these appropriations when you refuse to look at what’s failed; what the President has illegally done; or what needs to be connected. This lazy Members of Congress shrug their shoulders and say, “Nothing I can do.” Then they should resign. Lazy!

A solution is to talk to your neighbors. Do what you’ve always done – keep reading those reports the Members of Congress say they “don’t have time to read” before rubber stamping legislation. You know they do it: The bills are too long; and they have artificial timelines. That’s useless. Why isn’t there a requirement that the Members of Congress to read a bill before they vote on it, “Oh, we have more important issues to rubber stamp; we can’ afford the time to focus on the language we pass.”

What does that do? It leaves Americans with the responsibility to clean up their mess. Who’s the one that has to challenge the defective bills which violate our Constitution? It should be the US government, before the bill is voted not. Not this lazy crew. They spew out illegal, unconstitutional, abusive legislation and expect We the People to clean up the mess.

Those days are over. Time to throw that mess back at Congress in November 2006 and force them to confront it: Either they face it; or we’ll find someone else who can do what is possible: Clean up a mess this Congress has permitted.

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We the People can conduct our own hearings, engage in our own fact finding, and make adverse inferences; then outline some improvements. Consider the number of PhD’s on assignment for Congress. It doesn’t matter where they are. GO find them, ask them their ideas; and then share what you learn.

This Congress appears to do nothing but pay itself to run for office. Time to turn it around: Despite all the reports that they pay for – but don’t read – what are their ideas? IT doesn’t matter what their response is: The point is to drive home the point: They need to keep working in November 2006.

The Congress cannot credibly claim it is above the law. It has a 5 USC 3331 obligation to do its work. Both parties do not have to agree on everything; but they have to agree that they’re still getting paid in November 2006. Let’s get some public oversight of the Staffers, and find which one’s are engaged in fraud, waste and abuse, and remove them lawfully from the political stage.

The results have not been impressive. All these resources being spent and the results we have: War crimes, violations of the law, and a Congress that doesn’t want to face reality, or what they did to contribute to the problem.

The problem is this Congress, despite the power of the Minority Members to send letters related to these issues to the IGs, can’t point to a history of serious oversight. They had the option as a Ranking Member to do things; compel the Attorney General to explain the Title 28 failures to report – the requirement that Gonzalez report in writing which laws he wasn’t’ going to enforce – but this Congress in November 2006 refuses to face that issue: What has the Congress, by refusing to engage in oversight, done to contribute to the mess it has on its hands: It’s credibly problem.

Time for We the People to compel the Attorney General to do his job: Where are the Title 28-exception letters. Get the FOIAs, and let’s haul Gonzalez before the State Attorney General’s and get him prosecuted for failing to protect the State Rights to a republican form of government, with an enforcement mechanism. The State Attorney Generals can prosecute Members of Congress and Executive officials, even the President – let’s get that rolling in November 2006.

* * *

The point is that whether the Congress does or doesn’t work in November 2006 isn’t the issue. Despite Congressional inaction, there remain options that you and your friends can support at your state level, and lawfully support the Constitution, especially when lazy Members of Congress agree to do something else.

Make a point of reminding your friends: It wasn’t the Congress that is doing this; it’s We the People who are making the Government do its job; and if the US Government won’t we can find state level prosecutors who will haul the lazy, malfeasance US government officials before courts and get them prosecute, in jail, and make way for people who are interested in solving problems, not simply running for elections, and making excuses. “Oh, we have an agenda to pursue.” Get real – you have a Constitution to protect in November 2006; not “maybe later.” Now. Get to work.

* * *

In early February 2007, the President will submit something called the “President’s Budget” or PB to Congress. The staffers in the Executive Branch have been working with Congress to go with language, numbers, and other things. They’re getting ready for their annual reports, and consolidating their information. Between November and February, the Government is going to be busy regardless what Congress does or doesn’t do.

The Congress is going to use the PB as an excuse to ignore the historical problems; and focus only on the 2008 budget. The problem is that in 2006, they still haven’t passed the 2007 budgets. There’s no excuse for them talking about a vacation; they should be talking about what they’re going to do when the public finds out they’ve been goofing off, not listening to their staffs, and making excuses.

Once they get the PB in February, then the Committee hearings on the budget will start. But consider: How is the Committee going to be able to decide new budgets, when they haven’t looked at the problems, or issues which is driving the mess. The right answer is to conduct the hearings now in November 2006; find out the issues, gather more evidence, and then force the Congressional Staffers and Executive to agree to a solution based on reality, not on ignorance.

The excuse Congress will publicly provide is they have important issues to face. That’s right: Whether they’re going to still have a job in 2008. It’s not looking good.

* * *

This Congress does not have the time or the luxury to wait. Difficult issues need to be addressed now by this RNC-controlled Congress. Kicking the can down the road shows that the RNC is not serious bout leadership when they have the power. They cannot make a case in 2007 that, “if they get the chance, they’ll do better in 2008.” Baloney, they had the chance to exercise leadership in 2006, and have failed.

The issue is whether the DNC is going to make them lead; or whether the DNC is going to roll over and vote for a recess.

If the RNC is not willing to face the issues in 2006, it cannot make the case in 2007 that “in the future” they’ll be ready. There are millions of people with PhDs, who have attended the costly government-leadership training programs, and the Congress wants us to believe that the best they can do is this mess. Might as well shut that funding down, and find better schools. However, if the schools are work their expense, time for the schools to get with their graduates and make the case in November 2006: We need the money, because we can offer these solutions.

Silence. If the schools which the US Congressional staffers have attended do not quickly contemplate the problem that they face – then the schools need to be lawfully targeted with questions by auditors: What kind of students are they pumping put; why are the Senior Executive Service personnel not able to provide the leadership to solve problems; is there a reason that the US government spends a lot of money on training, but has nothing to show for it other than war crimes, reckless results, illegal warfare, and botched military operations, and disasters in the wake of foreseeable events.

Contractors, auditors, attorneys, lawyers, and other professions have recurring professional training. Time to haul the American Bar Association, AICPA, and the other professional oversight committees before the Congress and get them to start justifying why We the People should have confidence in their training, expenditures, and funds paid for them to provide fiduciary assistance.

How many DOJ Staff counsel have to be indicted before the ABA gets hauled before Congress to outline the plan to remedy it’s oversight problem; how many AICPA auditors have to be indicted for alleged contracting frauds before the Congress takes a look at the issue. We the People can engage in our own analysis, and make adverse inferences in November 2006: There’s a problem, and a new system of governance is need to lawfully, timely punish those who get paid, but provide We the People with worthless trash, excuses, and war crimes.

The DNC has the power of the filibuster in 2006 to block the GOP from ending the Congressional session. The recess is only permitted if they jointly agree to leave. Whether they do or not is meaningless. We the People can continue our work in November 2006, make contact with the SES, Congressional Staffers, and attorneys, and lawfully craft a new system that will address what’s failed between 2000 and 2006.

The problem Congress has is that it has no power to prevent We the People from lawfully crating a New Constitution; nor in blocking We the People from lawfully working with anyone to outline a new system of government. Again, it’s November 2006. If the PhDs in Congress would like to have an input, it’s time for them to speak; if they are silent, then they’re stuck with what they’ve accepted. The answer imposed on them.

The issue is who is serious about the issues, or are the issues not serious? Congress cannot complain that there is a “pressing problem” in Iraq, while it goes on recess; either the problem deserves attention and it will get attention; or the problem is not serious and Congress can go away for a while, after the President submits the budget in 2007. Congress can’t make the case its woken up to reality when it actively talks about the excuses to sell the public on the need for a recess while so much needs attention.

The RNC has the power. The RNC refuses to use it. They will not hold hearings, nor are they drafting subpoenas. They are simply rubber stamping more legislation, or passing the buck. That is not leadership.

We the People – voters and non-votes – expect the Congressional leadership, from either party to solve problems, confront reality, and government. Do it. No excuses.

If any party wants to make the case in 2008 that they’re fit for office, We the People will look at the Winter of 2006 to review what they were really doing; or was it We the People who were doing the work, and the lazy Congress taking credit for more disasters they’ve created not address.

Congress needs to finish its work, start hearings, provide status of their committee reports due at the end of March 2007; explain the non-enforcement of statues; review the Presidential crimes; and identify a remedy to what failed in Congress and agree to it.

We the People have already outlined a simple solution. Congress would have us believe it will take many hearings. How can Congress justify saying, “We don’t know yet,” and ignore a hearing; but say they have enough information to pass a budget. They can’t. They want to pretend that there’s something they have to review; the truth is that they don’t’ want to admit that a solution is easy, but they haven’t been part of the solution.

Congratulations. Congress has finally woken up: They are the problem. We the People can cast them aside, and focus on a solution that will work, whether they cooperate or not. Congress isn’t needed. Your ideas and hour inputs are. Start now in November 2006. Congress is lazy; We the People can make adverse judgments and prepare in November 2006 to mock the DNC-RNC leadership in 2007 for their recklessness, defective attention to serious issues, and their non-concern with criminal activity. “We don’t want to upset anyone.” The only ones they’re going to upset are themselves – when they’re the last ones to comprehend that We the People can gather evidence of 5 USC 3331 violations and wipe the crew lawfully from the political stage and work with Americans under a system that responds. It’s time to test them in November 2006: Have they woken up, or not.

Indeed, prepare for the excuses: They will have many. Throw them back at them: They are just that – excuses, not solutions. Lawfully hound them, compel them to respond, make them explain their defective action, why they aren’t putting that expensive government training to work, and make them justify confidence that they are conducting themselves in a manner that would bring credit upon the Congress. They defy this standard. Remind them again. Then tell your friends. Congress has only excuses, not solutions in November 2006. We don’t have to wait for 2007 or 2008. They will still have no solutions, just more excuses. “Trust us, maybe later.” Later has arrived. It’s November 2006. Time for them to get their noses back to work and stay in session.

Soon, with enough pressure in November 2006, you will see the real problem. The Congress does not move with a respect for the law or the Constitution. It moves at a glacial pace, rubber stamping things. A government that ignores the law, and fails to find out why the laws are not being enforced or followed is illegitimate. It has assented to lawlessness.

The recurring problems of this government are simple: Botched oversight, meaningless drivel no solutions, malfeasance, and excuses. The solution is simple: A structural change to the institutions so that the system is forced to focus on solutions, not allowed to hide behind a mountain of excuses. The approach is easy; the way forward is to remind Congress that they’re the problem, and they have no solutions other than more excuses. They have no response because they have been DENIED the power to make inputs; or contribute to something that they no longer have the power to control: We the People.

What’s’ needed in November 2006 is a wake up call to the Congress. They need to hear the news that if they are going to reconsider nomination, then we need new hearings. Keisler, Haynes, and others have been renominated to the bench. Well, in the meantime, we’ve learned of the war crimes indictment, and the NSA-FISA litigation: The DOJ and DOD Staff counsel, who are being nominated need to explain where they were on the issues of war crimes, prisoner abuses, and other things related to unlawful surveillance. Keiser has been nominated again; we’ve learned new things.

Congress needs to explain why we’re not having more hearings on the new issues. The time now is for Congress, in the wake of the revelations of the war crimes indictment against Rumsfeld, to ask Haynes his position soon the charges against him. If Congress won't look at it, then Congress is showing it’s not willing to face reality: War crimes, and the alleged complicity of the DoD General Counsel complicity: Haynes involvement and his possible indictment by the German war crimes prosecutor.

IT doesn’t matter that Haynes has had one confirmation hearing. The RNC is still in charge, and Haynes sill works a the DoD’s office. His job is to do his job; and if Congress isn’t going to ask him new questions about the new indictments against him, then Congress need not bother wasting time debating the issue: Haynes hasn’t had the chance to defend himself.

Neither has Keisler. The NSA litigation has ignored his frivolous excuses; and the States continue their litigation through the State Attorney General. The news is that Judge Vaughn Walker has given the go-ahead to NSA discovery. Keisler and Gonzalez need to be hauled before the Judiciary Committee – again – and forced to discuss the emerging lines of evidence. These are matters of Constructional law. If the RNC won’t look at these issues while they have the power; why should we believe they can be trusted with more power to support the White House. While in Committee, they refuse to face the Constitutional violations and war crimes of the nominees; what’s to be said of serious issues related to the same thing. It can’t get any worse than war crimes and Constitutional violations; so the speculative threat of what may or may not happen if something is or isn’t’ confronted is meaningless: That issue has arrived, it is November 2006.

Invite the nominees back; make them explain; if they refuse to cooperate; send the list back to the President. If the RNC rubber stamps it, but refuses to ask questions, make it the RNC’s issue in November 2006: Adverse inferences can be made while We the People continue to support war crimes indictments.

It's too early to end a review. Make the RNC and DNC explain why, despite the new information about Keisler, Haynes, war crimes, NSA illegal activity, and other unlawful DOJ violations of the law, the Committee isn’t willing to confront those who were in a position to stop, prevent, and make informed statements in legal memoranda. Yes, its’ difficult; but sweeping it under the rug will let the RNC return and rely on their alleged co-conspirators to give them a pass.

Those Members of Congress who refuse to confront the issues now are going to have a hard time in 2007 and 2008 making the case they should be trusted with more power: Judges can be indicted, as Bybee has done, for failing to do what they should – enforce the law. When Members of Congress do nothing, despite evidence about war crimes, illegal DoJ activity, and NSA violations of the Constitution, they cannot be trusted with more power. Rather, they need more oversight.

The goal of the Phase II judicial hearings should be to send a message to the Congress and President: You in charge. If you want the nominees to be taken seriously, you need to cooperate with the discovery and evidence review. If the President and the nominees do not want to assist, this non-cooperate can be taken as evidence of their alleged complicity and desire to obstruct lawful Congressional inquiry.

Whether Congress does or does not hold them to account is not the issue. The point is that Congress is already known to have not done its job; and they’re more inclined to give them a pass. Time to press the issue in November 2006, make Congress choose to find facts; or be held to account in November 2006 for that inaction and failure. Where’s the change? “Oh, we’re still thinking about that.” Think about finding a new job; meanwhile the war crimes indictments are opening up.

The goal of the judicial oversight and hearings should be to start the war crimes review, and prepare to gather evidence about the President’s crimes. Whether Congress does or doesn’t want to face the issues is irrelevant: The key will be whether, while in Committee, they do or do not timely provide the questions for the witnesses to respond to; or whether the questions in November 2006 is more of the same. Notice on C-SPAN whether the lines of questions are more of the same; or whether the RNC leaders are really digging into the issues.

If the nominees want to be taken seriously, they need to be wiling to appear again before the Committees in November 2006, discuss the new evidence, notes and memoranda; and openly discuss the Geneva war crimes indictments. We need Congress to show us they’re serious about asking questions on the illegal activity; if Congress or the witness are not responsive, there’s no reason to believe that they’re above reproach. The next line of questions goes to the Committee Chairmen and Ranking Members: Where are your letters to the IGS, as you have the power to do; and why not documentation on the Title 28 exception reports which the Attorney General should have provided. They have no answer, more of the, “Oh, we don’t read the legislation, we just rubber stamp it, and let the American people suffer; then we falsely claim that we care about them while we go through the motions of cleaning up a mess we created.” Wow, wouldn’t it have been nice to have a section of the US government review the Constitutionality and impacts of the legislation before the bills were signed? Wow, what an idea.

* * *

The Congressional and Executive staff counsel have a problem. They’ve shown they cannot be trusted to assert their oath. Years into war crimes, and these lazy toads have done absolutely noting to document, publicly report, remove themselves, or otherwise make a fair case that they’ve put their Constitutional loyalty before their party interests.

The Article I and Article II staff counsel have a credibility problem: They can’t be trusted to do their jobs. The way forward is for We the People t put pressure on the State Disciplinary Boards, find the names of the Article I and Article II staff counsel; and have a reconciliation review: Where were they; what plans did they review; which statutes did they look at; how have they documented their concerns with the war crimes and illegal activity; what was their reason for not standing up.

Then We the People need to get this list of DOJ-DoD Staff counsel and lawfully target them: Where were they; where are their affidavits on the issues related to Constitutional violations and war crimes; make tem explain their actions they took after the illegal activity was disclosed; make them explain the reasons for non-reporting on peers to DOJ/OPR or the DC Bar; compel them to provide the reasons for non-withdrawal form the illegal activity and constitutional violations; and make them produce the evidence that they had concerns, raised them, and that they had some reason for not stopping the illegal activity, or not going to Congress on concerns about the illegal activity.

It doesn’t’ matter what the Staff counsel does. The message is simple: In November 2006, We the People have got their number: They’ve been around, not done their job, and are pretending that it is “someone else’s problem.” Wrong: It’s their problem, and the people they work for are still in charge; responsible for leadership; and have to explain why they have not been disciplined, or held to account. In November 2006, not “maybe later”. It’s not going to happen. RNC leadership needs to provide a straight story to We the People in November 2006 why their actions – or inactions – should be reviewed or ignored when making adverse inferences about who is or is not competent to be trusted with additional power in the White House.

The RNC-DNC have jointly failed to listen. They’ve spent more time on excuses not solutions. Asking for more ideas is meaningless when they’ve ignored the evidence of Presidential crimes. They can’t be serious about “considering our suggestions” when they aren’t considering the law.

Part II: The Issues

If Congress goes home without an oversight agreement, and does not start investigations in November 2006, then it sends a clear signal to We the People, which the Congress isn’t serious about:
An oversight plan for Congress -- we've got one, where's theirs;
Ethics, standards of conduct
Credible enforcement systems
Agreement work with Iran or peaceful resolutions with Iraq
The resolution of the House Ethics investigation

Identify the flaws with what happened with Iraq, 9-11, and implement solutions

The reason for not responding to the GAOP problems

On war crimes, if the Congress goes home, the Clear message is that Congress sis not serious about looking at:
Which firms participated in the pre-invasion planning; what is Congress' plan -- if any -- to examine the SEC data related to insider trading on these DoD-connected contactors pre-2003
Ignore the Contracting officer concerns that the contracts were supporting illegal Geneva volitions
Ignoring the false statements to Congress on the number of troops required to support and meet Geneva requirements

Going ho means the NRC and DNC will be silent on the known problems, but are not listening to their staffs on issues they know have been looming since 2000. This Congress is sending a signal that has too much money to competently manage; not enough oversight by We the People; and not enough competence to find out how that moony is being spent; no does it have the competence to openly manage a simple issue of oversight relate dot one person. It’s absurd to believe the Congress is going to be able to review a matter more complicated like two people.

When is the Congress going to announce the implausibility of the US government in 2006 of solutions because of known inadequate mechanisms to meet requirements?

The US policies this Congress needs to confront in November 2006 are simple:
We should no longer support Israeli apartheid
The US needs to work with Europe, China and Russia to develop an export market in Africa;
The multi-national meeting on Iraq needs to include Hezbollah, Hamas, and the Taliban

The reason for not starting a draft in 2001 are irrelevant; we need a realistic timeline of what manning is required to support US military resources and either change the requirements; or have a draft to meet those unchanged requirements. Can’t have t both ways. Congress needs to explain how it plans to meet its own readiness objectives, as per Article 1 Section 8; if there is no plan, then Congress is sending a signal that it has no plans to review what’s failed, nor increase manning, simply throw more money at a problem that cannot absorb money. Need impact statements from the US operations on the number of US personnel, when drafted, are going to do to the US economy; and whether this is or is not acceptable. If the impacts are not acceptable, then the SU needs to cut back on the military requirements. Can’t have it both ways.

Congress needs to explain how it plans to maintain domestic security requirements without a draft; and a reason for the noon-draft after 9-11: How will these reasons be resolved; or has something changed that would make the excuses not relevant in 2006/

* * *

Congress also needs to explain how they plan to justify appropriations without doing fact folding on what the US Congress has botched.

We need an interim report NLT 19 Nov 2006 showing the status of the House Ethics Committee investigation into Foley; the preliminary findings; and how this Congress in 2006 will implement a solution to address this problem. It makes no sense to talk about speculative solutions to a problem the Congress has yet to openly discuss, much less contemplate a credible solution.

Where is the body of people who planned the Iraq invasion without a post-security considerations for Geneva. The war was a war of choice, on an artificial timeline. Need the names, of the staffers involved, how the Geneva requirements were or were not considered; and the promises the White House gave for immunity despite ignoring the Geneva requirements. Need to see the specific contract language, not the excuse of, “It’s classified.” No, it’s criminal activity, and may not be lawfully classified: Judge Vaughn Walker says discovery on NSA can continue; use that to throw it back at congress. “The non-sense excuses you’ve been listening to have no basis. Haul them before the Congress in November 2006 and get some answers. If they don’t know, find someone who will tell you the truth, ‘We’re clueless despite all the money we’re paid; and the education we’ve received.’ ”

Maybe one day Congress will wake up and accept that We the People may have something better to offer. It’s already been drafted. And Congress cannot provide any input.

* * *

What’s the plan of the US government to assent to Generally Accepted Government Accounting Standards [GAGAS]? We have all these lovely audit reports from DOD floating around, but Congress isn’t wiling to haul people before the Committees in November 2006 to review the matter.

Consider the audits, reviews, and the GAO repots. Does the GOP have a reason, other than reckless defiance of their oath, for not reviewing these reports; or is there some other reason, despite the fraudulent war and illegal appropriations, that the Congress is going to rubber stamp a nomination for a SecDef who couldn’t provide a straight story to a prosecutor after 1987. “Hay, Murtha wasn’t indicted” as sufficient basis for the House to reject Pelosi’s choice; why isn’t that standard good enough for the President’s choice? No answer form this Congress in November 2006. Remember than in 2007 and 2008: Well known legal issues, unchallenged, will return and cause bigger problem: Lesson from Addington and Cheney in re Iran-Contra.

What kind of assistance does the Executive Branch need: More training, or more credibility threats of jail time. Haynes, Yoo, Addington, Gonzalez, and others well know they’ve been targeted for war crimes. What is their reaction; or are we going to get the “We can’t respond because of litigation.” Hay, Libby was removed so he could “focus” on the litigation; why isn’t the same being done with those the President has reappointed to the Article III branch? Need a clean story from the White House: Libby out, but the alleged war criminals in DoJ and DOD are given a pass. Wow, that’s impressive. Remember than in November 2006.

Why should we believe that one party does a better job at looking at the issue of war crimes, and subordinate conduct. This leadership engage in ineffectual oversight, staged responses to legal questions, and poor training, worthless management oversight, and excuses form supervisors why the supervisors haven’t taken the hit for this disaster: War crimes, and Constitutional violations. What is the RNC excuse for this drivel?

* * *

In November 2006, Congress also needs to get clear on the plan it has to compel the US government work with the states to effectively monitor the effectiveness of personnel and other oversight matters using credible audit sampling. DOJ OPR has been blocked; to what extent have the state auditors, law enforcement, and other police oversight boards been given the FBI’s excuse, “Oh, we can’t look at that, we’re too busy contemplating our navels, not looking at statutes, and ignoring our discipline problems within our units.”

If FBI wants to make a credible case that it needs more people for government corruption, make the FBI leadership show that they’ve credibly supervised the resources they haven, not given lip service to oversight, supervision, and problems with FBI agent incompetence. Need a clean story from the Asst FBI director why anyone should believe that he can competently do an investigation of congress when he has known oversight problem; he has a training issue; and personnel under his command are clueless on their job requirements, evidence, rules, and how to adequately handle simple ease load issues. It’s as if the most idiotic person wandering the streets could do the job better. Hello: It’s about reading your guidelines; following up; and doing no-notice visits to ensure your agents are doing their jobs, not making excuses.

Does the FBI have a plan to work with the state attorney generals to gather evidence?

What’s I the US Attorneys plan, if the President keeps violating the law and Congress does not thing, to work with the Stat attorney generals to prosecute the people the President and Congress have jointly agreed are immune to accountably?

How many people who are hungry, wandering the streets could be put to use working on credible government programs, doing audits; we have a veteran problem that are homeless; or is there a labor shortage. Either there’s a solution or there’s a requirement for new leadership.

We can train people to do audits, and monitor the government. The Congress needs to be clear on what it is going to do not monitor, engage in oversight, conduct a periodic review of the status, ensure better training, and determine the adequacy of the data they’re getting, then ensure that the training and management solutions are workable. This is oversight. It’s needed in November 2006. Now.

* * *

Americans are hungry. There aren’t enough people to harvest crops. Wouldn’t it make sense to encourage the free labor to work on those areas where labor is needed. Ever consider putting them to work making houses that they could live in; then work in the areas surrounding their new homes?

Grants, jobs, cross border issues, and food production: Is the US government saying in November 2006 that it isn’t willing to work with the sates to address this issue; or is there “another” smokescreen that doesn’t want to get attention.

DoJ/OPR has been blocked. The President and attorney General haven’t been all that cooperative. They've illegally blocked investigations into unlawful conduct. The NSA court has said discovery can continue; these aren't matters of secrecy, but criminal law. Congress is silent. Where are the Title 28 exception reports form the AG?

Prison system needs a method to transcribe letters, and ensure that the prisoner communications do not include hidden messages. We also have a labor problem. Ever though of transcribing the prisoner messages into a data recorder, and have them printed out, using non-standard/changed fonts so that hidden messages could not be transmitted?

We need an auditing system for the Prison guard. What’s the plan for no notice visits.

Corporate governance standards are in question: Did the US Sarbox rules get to much attention; and if there really is a cost problem, why are stock still going up? Can’t make the case that the needed regulation is costly when the net results of that expenditure means more jobs, more reliable information, and higher stock values. Something isn’t' adding up -- the Congressional excuses for listening to this non-sense. Need a clean story from CEOs why, despite the defective compliance with the law, they should be trusted to do what they refuse to do. How are these lessons being applied to Congress; or are we hearing two sets of excuses as to why the Enron-like abuses only occur in one forum, despite the Americans being located in both Congress and Enron-like firms, Not a very credible argument to justify eliminating standards the CEOs and others have otherwise, when left to their own divides, ignored.

* * *

Again, November 2006, Congress knows what’s looming in Central America: Nicaragua’s got a new leader; and Cuba is transitioning to new leadership. Does the US have a plan in place to not do what it did before; and work with the transition.

How is the Congress going to facilitate regional trade;
What will the US do to encourage grievances between Nicaragua and Cuba to be peacefully resolved
What overtures is the US going to make to the OAS to ensure that the US is a real partners, not simply a silent bully looking for another excuse for a coup
Does the US have a credible defense, after launching another coup, to explain to the Central Americans why they should put up with the US meddling, but they are not allowed to bring their disputes to US courts
How is the US going to expand the power and support for those who have different views
Does the US have a plan to work with the Panamanians to ensure their Canal modernization effort is on track; or is the US going to take a hands off approach; What kind of modernization is needed for the larger Aircraft carriers; is the US positioned to ensure that US Naval requirements will be incorporated to the modernization plan; if so, why aren’t’ these proactive planning approaches being infused into Congress and the GOP leadership so they can apply the same lessons to issue of War crimes oversight, prisoner management, and whether their DOD Staff counsel are or are not competent on the laws of war? Ask Haynes at his Phase II hearings whether he’s satisfied with the legal review of the NAVY involvement; if he is, why not the same with respect to GITMO, and the DOD involvement with the rendition efforts. [Check the Intel Link and SIPR net for the data on this classified information. It’s there.]

* * *

Part III: The Messages about the Failed Congressional Leadership

The above list isn’t intended to be exhaustive. The point is that there’s a lot the Congress can still do in the final weeks of 2006. Everything they let slide from 2006, is another message to We the People: “When the GOP has power, it doesn’t confront issues.” The same can be expected of their performance in 2008 if they’re in the White House.

The DNC should make it abundantly clear: The RNC continues to do what it promised it would not: Obstruct, make excuses while in charge; the same can expected when they are in charge again.

We the People should remind our peers, friends, and Members of Congress what the RNC is doing; and do what the RNC has already threatened to do when they become the minority: Filibuster the decision to go on Winter Break. If the RNC doesn’t like the Filibuster, they’re free to get 10 DNC members to join them. What’s the DNC explanation for their “new victory” if the monitor party in 2007 is still able to get the DNC to support what is not lawful? That’s not impressive.

Find out now in 2006: Who is the RNC going to work with to dissuade accountability; and avoid answering questions. Those in the DNC who aren’t taking oversight seriously, and given the RNC a pass aren’t needed. Doesn’t’ matter how long they’ve been in office, show them the door. If they’ve got too much on their plate to review the President’s illegal conduct, they certainly can’t make the case that they’ll look a minor trivial issues like FBI misconduct, or the abysmal Asst. FBI director’s supervision problems.

* * *

Consider the GOP excuses: They’re doing the same as they did in 2001 – giving excuses not to review matters.

The way forward is to accelerate the agenda; get the RNC to yield; and compel the RNC to admit that they’re more interested in power, not solutions.

The GOP is doing more of what they know how: Inducing people to give up direction today for speculative cooperation to morrow. IT is a ruse, just like Iraq – based on non-0sense.

The same non-sense with the rushed conduct on 9-11 and the Patriot Act continues with the President’s nominations. Gates' nomination is being rushed. The nominees need to be challenged. If they wont’ cooperate on the questions, or provide evidence, then there’s no reason for anyone to cooperate with the President.

The real mess isn’t in Iraq: It’s in the White House. Iraq is a convenient smokescreen. The RNC has no plan in November 2006 to confront the mess it created in the oval office.

The DNC should compel the RNC go on the record against fact finding. There is no basis for the GOP leadership proposals. They are devoid of reality.

___ What data does the RNC have that any impeachment review is at odds with the DNC 2008 presidential goals? The candidates haven’t even confirmed they’re running; there are huge messes to uncover; how the candidates do or do not conduct themselves between now and then is speculative. It’s not plausible that the RNC can credibly convince the DNC to “do nothing” on impeachment on the threat that there will be backlash.

Why should the voters support an effort not to look at violations of the oath; or that, if the Senators fail to remove, that the US Senators may loses their seats for their inaction on the Presidential violations of the law?

The lesson of Iraq, WMD, and FISA need to be reviewed, documented, and incorporated into the plans going forward from November 2006. We the People can see what has happened; yes, we don’t have all the information, but neither does anyone else. The way forward is to compel fact finding; or find new leadership in Congress and the SES who are willing to act on their oath, not on the basis of lazy excuses. We don’t have to wait for new leaders. Start the testing in November 2006: Is either party interested in doing what they say we should expect in 2008; if not, those candidates aren’t credible. The time for the 2008 Presidential leaders to emerge is now, not when they think the public is going to demand change. The promise of change has been given; so lets see the candidates demonstrate in November 2006 their interest in fact finding, accountability for war crimes, review so that they protect the Constitution – not their right the same excuses the RNC has given , and the DNC has not challenged through credible questions and documented notes to the IG.

* * *

The election season will not end. This Congress remains on probation. There is other fact finding. Whether the Congress does or doesn’t want to do its job is meaningless: they have no choice; We the People do.

What’s needed in November 2006 is the start of the subpoena process over war crimes, FISA. Contact your friends, and encourage the Congress to commit: To either find facts, or find a new job. Congress needs to confront the issues now, in November 2006; if not they have nothing to stand on for 2008.

___ Does the Congressional leadership want to lead or give more excuses?

DNC leadership needs to get the message out now: The RNC is still in charge; but doing nothing; the RNC has problems, but wants to lead; the RNC has the power, but refuses to use it in the last weeks of 2006.

Encourage your friends to confront the RNC Members of Congress to explain: Where are the letters to Inspector Generals where are the status reports on committee enforcement that’s due in March 2007; and where is their documented responses to the AG on the Title 28 reports?

* * *

The key messages are:

The RNC has the power now and refuses to use it; why should we give them anything in 08?

The RNC has the subpoena power not and refuses to use it – why 08?

The RNC has the agenda and oversight power now, but no answers – why 08?

They wont’ do it in 06 – why 08?

[Enter frivolous, childish RNC excuses for inaction here]

* * *

Notice what the DNC leadership is doing: Believing that it has to “play nice” and “make peace” with those who defy their oath. The DNC has it backwards.

The DNC fails to look at he GOP as they are: The same abusive people and they’ve been defeated. Drive it home. This is just like pre WWII: The defeated Germans, after WWI, plan to return, and cause more problems. Chamberlain, like the DNC, believes it can “make nice” with those who are not going to cooperate. Beware. The RNC continues with the already-rejected, defeated agenda. They believe Americans are more stupid than they are.

The GOP hopes to induce the DNC to play nice tomorrow, while the GOP fails today, November 2006.

The DNC should do today in November 2005 what the RNC threats in the future: Filibuster. Force the RNC to take away the filibuster; and then force the RNC in 2006 to live with what they’ve created. The threat of taking away the filibuster is not real. The RNC knows it needs it. The issue is: Why if the RNC isn’t going to take it way, should the DNC not use it to shut down the effort to send everyone home?

The answer is simple: Whether the DNC wants to force the RNC out of the woods now; and put the problem on the RNC back; or whether the DNC is going to pretend that in asserting “bipartisanship” the uncooperative RNC is going to play along. Force the RNC to show their hands now, and test them on the responses: If they will not cooperate, there’s no reason to remain loyal to a standard of “bipartisanship” – it takes two parties to be bipartisan. If the RNC will not reciprocate, stop calling it bipartisanship: Call it governance.

Make the RNC in November 2006 reject action, refuse to start inquiries; block subpoenas; and stall investigations. Show the world that the RNC has no interest in November 2006 to find the truth about the President; none of their candidates can credibly point to anything to say, “I’ll do better.” They have no clue what’s wrong; if they do know what’s wrong, why haven’t they fixed it in 2006. Again, no answer because they’re living in a fantasy world: Claiming divine guidance without the pain of facing reality. Give the RNC what they do not want in November 2006: A requirement to face reality; or the consequences in November 2006 – More lawfully pummeling for them failing to do what is easy; but kicking the can to “tomorrow” to do something. It is a ruse.

* * *

The DNC should move in November 2006 and make this the Lame Duck Session for all to remember. The time when the lamest of the lame – the minority party – force the RNC leadership and majority party – to publicly commit to either action or inaction.

Let the world see that the DNC offered bipartisanship, but the RNC, when they had the power to reciprocate in November 2006, rejected it. Remind the RNC leadership, members, and the non-voters: The reason for the backlash against the RNC is because of their inaction in November 2006 – a willful choice to do nothing.

* * *

The way forward is to contact our friends, and encourage others to get the Judicial Nominees and SecDef to explain the memos, evidence, and other things attached to their conduct, department and area of responsibility.

It’s the job of the nominees in November 2006 to be prepared to deal with the memos, know that there are reasonable questions, and compel the nominees to explain their position before the Senate Votes.

The DNC has the power of subpoena. Use it to force the RNC to remain in session, and avoid closing either chamber. Time for the House and Senate to get back to work.

What the RNC would like others to believe “might” happen in the future is already here: Non-cooperating, no solutions, disruption, and a failure.

The RNC Is not providing the leadership in November 2006 for one simple reason: They are fearful of solutions. They know their solutions aren’t’ credible, but disconnected from reality. They’ve got a legacy of disasters; their only option is to make the plans – that they’ve privately developed without oversight – to get remedied by throwing the problem at the DNC.

We the People need to step up to the plate, make the RNC confront that mess they have under their watch; and throw it at the RNC – they have invalid reason for inaction:

A reasonable fear for failure, because they are not capable of organizing for a 2008 election -- they have no facts to comprehend what needs to be fixed;

A reasonable fear of concern over 2008, because they cannot face reality in November 2006-11-19

A legitimate fear of success, because they know the messes they have created aren’t solvable; their only option is to make others look bad.

This RNC prefers inaction. They’re getting away with it because the DNC isn’t willing to hold the number one person – the clerk in the oval office – accountable for the mess he’s allowed, contributed, and endorsed. There are no credible consequences for inaction, because We the People haven’ compelled the Congress to take action in November 2006.

If the RNC does something, they fear it is going to fail – as with Iraq – because the same people who have failed before, are going to do again. Then make the RNC commit to that failure – it is their legacy, their agenda, and their vision for America. We know this in 2006. Remind them – the reason they will not face reality in November is because they are incompetent, stupid, weak, and not fit for leadership.

Indeed, the RNC fear of reality is so large, that they’ve convinced the DNC leadership to play along, “If you face reality with an impeachment, there will be consequences.”

Indeed, there will be consequences on the RNC and DNC leadership for facing reality – where were they; what is their excuse for not reading the bill; and while they were whining, going through the motions of a false, minority "woe is us" non-oversight, did they bother to contemplate what a solution might be to prevent this form happening again?

Again, their solution isn’t in November 2006, but “Somewhere elsewhere” as they get on their knees, and beg the people that they’ve betrayed to “offer their ideas.”

We the People should continue to accelerate the burden of the RNC, and force the GOP to face it in November 2006: What is their plan; while they have the power do they intend to do anything; what other disasters are they reacting; why are they reluctant to not fire, as they have wit Libby, the likes of Gonzalez, Haynes, Addington, and others who have been indicted for war crimes.

There is no0 good reason to trust the RNC leadership to do what is right in 2008, when it refuses o confront what is wrong in 2006. The RNC cannot point to any miracle over any span of time that has saved them on the “slam dunk” in Iraq; what about something slightly more complicated like asking a questions related to war crimes. “Oh, we can’t do that. . . it’s someone else’s problem.” No, it’s Keisler’s problem, Yoo’s problem, Addington’s problem, and Haynes problem: Up there with Gonzalez, Rumsfeld, and the rest of the allegedly defective, war criminals who cannot comprehend the Geneva Conventions.

* * *

Going forward, the DNC should remind the public the issues the RNC has not managed. The failed GOP leadership in the White House, no subpoenas, meaningless fact finding: Nothing was done in November 2006 when the Republicans knew what was on the way, they had the power, and still had six weeks. “Oh, we can’t face reality, we’ll do that later.” Enough!

The GOP presidential “exploratory” committees need to be lawfully targeted and compelled to explain: Where were their candidates; why the silence when they were in the Senate; what was their response; why not evidence of them having done what they should have while they had power; why should we believe they’ll be rusted with Executive Orders or as President? All down the line, the defective GOP senators have given nothing but excuses for war crimes, failed to review matters, and have assented to absurd notions of what Geneva means. They didn’t act between 2001-2006. We don’t have to wait until 2008 to find out that they’re still going through “personal time” to explore what they should or should not have done.

It is impossible for the GOP to argue that they’re going to do their job in 2008, when they refuse to use the power they have to conduct fact finding.

What do they plan to do: Take another survey, and ask the misinformed GOP membership what they should do? That didn’t work at the beginning of November 2006. It’s noting going to work at the end of November 2006.

* * *

There needs to be lawful action against the RNC Chairman in November 2006 to target them:

Compel them to explain the status of the committee reports on law enforcement – how can they credibly support a contract effort that has a March 2007 deadline [Title 2]; this isn’t a new requirement. How can they credibly report anything when the Committee hasn’t reviewed the President's illegal conduct.

Make the RNC Committee Chairman in November 2006 explain their reasons for blocking a filibuster designed to keep Congress is session; why does the GOP want to leave for the winter brake without taking advantage of the power that they have. What’s the case to be made, that the GOP can credibly do anything – they fully expected to hold the House after 2006 – yet they have no plan to continue governing. What is this? Let me say that again -- the GOP fully expected to maintain power after November 2006, but they have no plan to do that. The had no plan in Iraq; and they cannot be expected to have a plan after 2008. How many more excuses do they think Congress is going to lap up? What’s is this?

The Committee Chairmen need to be compelled to explain why there are no viable candidates – other than alleged war criminals – for the judges and Sec Def. What is this?

The Committee Chairman in the GOP need to be hounded in November 2006 to commit to hearings; or face the lawful consequences: More oversight, more question of their contractors, and more intrusion into their political machines which have failed, are not working, and can lawfully be targeted by We the People,

What’s the story on the Iraq botch? How do they explain no action on the corrupt? The RNC is still in charge; and the RNC refuses to face what they know is happening: reality in November 2006. Why no leadership on the issues; why a choice to engage in more malfeasance.

* * *

Consider the number of people in the RNC and DNC who have been silenced. November 2006, the GOP is still in power, and there are plenty of ideas floating around.

Can anyone explain, despite the victory, why there’s still so much fear floating around: “)Oh, we can’t look at that, it’s . . .” Where are the schedules? Where is the debate plan?

The Congress should be willing to debate, discuss, and review these issues. Yet, the same create that wont’ govern in 2006, won’t talk about solutions, wants us to believe that something magical is going to happen in 2007 to make American forget.

We haven’ forgotten: It hasn’t happened yet. It’s still November 2006; how can the GOP argue, “We’ll forget – how much inaction on war crimes is allowed; yet the GOP would ask us that despite war crimes, it will magically disappear? How can this be: How can a monumental problem—that the GOP says is “so huge” that they can’t address, suddenly get turned around as something that “won’t be a factor.” Nonsense. It must be a factor, otherwise the GOP wouldn’t be spending time making non-sense excuses as to why something they will not do cannot be done or wont be a factor. If it is “no factor” (looking back from 2008 to 2006) why didn’t the RNC take the issues that were “not a factor” and deal with them? The answer is: They dare not start what they’ve ignored – the issue of war crimes, and their personal risk of being held accountable before The Hague for malfeasance, and their failure to prevent what they had a duty to prevent.

* * *

The Congress needs to stay in session and govern now. If they want to depart without starting, much less finishing meaningful business, they’ve sent a clear signal: Not willing to govern, they remain reckless and negligent; and they cannot be trusted to ask simple questions of people who have been indicted for war crimes. What’s the rush to throw someone on the bench who has been indicted for war crimes; but the White House wants to hide Libby and keep him out of the White House.

Same Geneva, same war crimes, same evidence, same big mess. But two standards on whether the alleged war criminals will or will not be address. Is the problem that the DOJ Staff can’t handle them, and they want to hide them in the Article III branch? Where’s the DC Bar, the Judicial Ethics; and the other Legal counsel on this – silent, as you have been since 2001. And you offer how much money to your candidates to give support for people who will not enforce the law; and not hold ABA staff counsel accountable for refusing to do what should have been dong – peer reviews. What a load of nonsense!

This is not governance, it is a clear demonstration that the Americans associated with Congress and The Executive branch are not fit for government. We the People can find someone else with marginal ideas. But what does the RNC do in 2006? It rejects them, won’t consider, says, “Well move that to someone else.” What is this?

* * *

As you look back on 2006, and you prepare for the 2008 Presidential election, recall the RNC only yielded when they had no option. Even when they rand out of time and power and excuses, they were still defiance, not willing to lead, and did the opposite.

They’ve wasted time.

The GOP rushed into Iraq; but did not engage in oversight. They’ve made the problem worse.

The DNC did not crate this problem, but it held contribute to it by failing to document the minority reports;. Filibusters should been used with the hopes that the RNC shut them down.

make the GOP shut down the Filibuster on the Winter Break. Show the RNC is not interest in solving problems, but letting them get worse. The GOP is about poor documentation, and no accountability.

* * *

Get the RNC to commit to refuse to face reality n war crimes, FISA, and the illegal bills from Congress. Make the GOP reuse to do what they hope to rely on in the 2008 election: Their plan to solve problems. They cannot rely on history.

The GOP is already doing what it threatens: Not cooperating, blaming, ignoring the Constitution, demonstrating no leadership, and staying disruptive. They’re still in charge, but what are they doing? Nothing. They’re not fit to lead.

The trap is for the DNC to respond their nonsense. Nothing has changed. The RNC is using the same ploys.

The winter term from November 2006 onward should be about hearings, debates, oversight, and accelerate from 2008 and 2007 into 2006 the things the RNC doesn't want to know about. Use the 2006 Winter Term to test out the ideas, and use the RNC feedback as a means to polish your ideas. Then they can't say in 2007 or 2008you didn’t ask them. Even when in charge, they were silent, and too slow to provide leadership.

Use the 2006 Winter session as preparation for 2008, then torch it back on the GOP – they were in charge, all those years, and still had no plan despite their assumption they would win after 2006. What is this?

Very low leadership security.

Very low war cries defenses.

Very low prospect of justifying confidence to anyone they are fit to be trusted, must less remain immune to war crimes indictments.

Indictments loom. Libby’s gone. Why not Addington, Keisler, Haynes, and Gonzalez? It’s the GOP’s responsibility in November 2006 to explain why they’ve failed to quickly move. It’s on their watch. They’re still in charge. And still making a mess of things.

They remain unfit for government in 2006. Refusing to face facts in 2006, while they are in charge, makes all Republican “exploratory committees” a mockery of planning. They cannot explain how they might offer a solution when they’ve agreed to not look at what’s gone wrong.

The RNC reality is that they’re in charge, and despite assuming they’d win, they still must admit: They still don’t have a plan, and cannot do their job. Indeed, We the People will have to tell them how to do their jobs, and then, when they demonstrate their continued incompetence and unwillingness to face reality or their legal obligations as elected officials, lawfully remove them from the political stage in January 2007. Then again in November 2008; and prepare for the President’s lawful conviction in the first weeks of 2009 at the hands of the State Attorney Generals, looming over the Senate probing into their reasons for not resigning.

In the final weeks of 2006, there are two more months of oversight against the RNC majority. Make them bungle it because of what they choose to do or not do. You don’t have to do much work – they’re dug themselves into a hole, and refuse to stop digging. Send them more shovels.

Be polite, document the responses, and hold the GOP to account in 2006 as if you were holding a tyrant to account for war crimes: They have no escape; you are on the right side of the law; and they have no options but more excuses. Remind your friends that you’re confident with the RNC abuses, and can find more useful things in November 2006 to lawfully throw back at them in 2006, 2007, and 2008. Lawfully rub their nose into it: We the People are in charge, and they’ve failed when they’ve had the power. The game is over. They’ve lost. And now we will swoop in with the war crimes prosecutors and clean up the cess pool in the American government.