Constant's pations

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

Wednesday, January 17, 2007

How to Get the White House Entry/Exit Rosters

If the Preisdent refuses to provide the White House entry logs, the Constitution does not prohibit the House Appropriations from reducing to zero the compensation to all White House Counsel and DoJ Staff.

Inspiring an interest in the President to disclose White House entry/exit data.

House Appropriations May Shut Down Funding if the Preident refuses to cooperate with Congressional audits; or disclose information required to justify White House Staff compensation.

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Do you recall the new restrictions the President put on the White House access list?

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The White House is a government facility used to manage combat operations and is located in the District of Columbia.

The Constitution delegates the sole power to the Congress to make rules related to the operation of facilities.

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Only the President’s salary may not be reduced while in office. The Constitution is silent on whether the salary of the Vice President, DoJ Staff, or White House staff may or may not be reduced.

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The White House relies on contractors to do important things in the White House: Prepare meals, make arrangements, attend to specific things which the White House staff refuses to do.

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Congress has the power to shut off funding to any facility which is not fully cooperating with audits; or whose contractors are not fully complying with statutory obligations.

Congress may make rules requiring Federal Employees, supervisors, contractors, and other people report a justification for their travel, mileage, or salaries.

Without a justification for the payments, there is no basis to make a lawful payment.

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Article II Section 1 Clause 7 is the language permitting Congress to lower the salary, eliminate their position, or deny the President from spending money on anyone.

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Article IV Section 4: “The Congress shall have power to dispose of and make meaningful rules and regulations regulating the territory or other property belonging to the United States.”

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The President receives a salary. This is an appropriation. When Congress spends money, this attaches Congressional power to that facility where the President, exercising his sole power of Executive, pretends to manage a war.

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Article IV Section 1: Congress “may by general laws proscribe the manner in which such Acts, Rules, and Proceedings shall be proved.”

When there is a question about the compensation of a White House staffer, Congress alone, not the President, decides whether that information is admissible.

Without evidence, there is no basis for compensation. Without compensation, the White House Staff would be advised to find employment elsewhere.

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The burden is on the President to demonstrate he meets the Standards of Congress in re Congressional requirements related to White House Staffing, entry, and conduct.

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There shall be a Congressional Compensation Review Committee which shall have the exclusive power to review whether the White House staff is or is not fully meeting their performance plans. Where there is no provision of evidence to show who has or has not met with the White House staff, the Staff is presumed to warrant no payment.

Without release of the White House entry exit records, there is little for the Congress to conclude that anyone – other than the President – warrants any payment.

We see no provision in Article 1 Section 9 that compels Congress to pay for things where the President is not fully cooperating. Without cooperating, there can be no inference the law is fully being enforced, applied, or followed as required.

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The way forward is for the President to decide whether he would like to wage war alone; or whether he would like a staff and building contractors to assist him.

The President is free to obstruct Congress in their effort to audit who has or has not been paid according to what they are or are not doing.

Congress has the power to compel Contractors to disclose their meetings with anyone in the White House. False statements to Congress could be the basis for a felony.

Congress has the power to regulate contracts with Federal Contractors. The President and States are prevented from obstructing lawful contracts. The President is denied the power to say that a contract clause – which Congress alone, through its rule making power in the Federal Acquisition Regulation – must include a full disclosure of all contractor entry and exit times.

White House Staff who do not disclose their meetings with Congress shall be denied compensation. They are free to do their jobs, but until they cooperate with Congress, they cannot command a salary.

Grand Juries may prosecute people who attempt to do things, but they have no legal authority to do them. It is the burden of the employee to prove that their activity is lawful, despite the Congressional finding that – despite their refusal – they are not fit to be paid.

Perhaps there is a rule which, when people are no longer paid, their access to that facility is denied; and their facility access badges are terminated. It would be a security problem for the White House to have accused felons entering a secure area. They are not being paid; we can only presume, with the lack of cooperation, they are engaged in criminal activity.

The same standard applied to Saddam. Surely the President understands the nature of accusations: Adverse inferences, until disproved, are the basis to wage war. Surely Congress would dare to make an adverse inference when the President refuses to cooperate with Congressional audits.

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Once salaries are denied, the White House will have to ask itself: Why is it letting people who, arguably are not fully complying with the law, have access to sensitive facilities.

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Congress alone has the power to define “offenses against nations.” Perhaps Congress likes to spend things on things that are in facilities it makes rules, but is denied full information about who is or is not there.

We are not impressed with Congressional oversight of White House payments.

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Article 1 Section 9: “No money shall be drawn form the Treasury but in Connection with Appropriations made by law”

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Congress spends money on the White House: To make rules for the government and the regulation of land and naval forces”

___ Is the White House a facility that is not located in Washington DC?

___ Is the White House not connected with the land and naval forces?

___ How do we explain the White House making rules related to the audits of Congress; only Congress has the power to make rules?

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There is a facility entrance list. The White House likes to pretend – using its sole power – that despite no declaration of war – the President is called something else.

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Congress has the sole power to raise and support an army. No appropriations may be made for more than 2 years.

The Congress sends money to the White House.

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Congress has the sole power to make rules. Discipline is something the Congress may make rules.

Article 1 Section 9: Requires a “regular statement and account of the receipts and expenditures of all public money”

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Article III: Judicial Power applies to controversies in which the United States shall be a party.

The White House is a government facility. The defendants would be the President and his staff.

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Article II Section 3: The President “shall take care that the laws be faithfully executed”

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___ Why is the President violating the Constitution which delegates only to the Congress the sole power to make rules?

___ How is Congress able to make an audit, or review the regular statement of account of who is or is not being paid on the White House Staff, unless they review who is or is not appearing for work?

___ When did the President acquire the Judicial and Legislative Power of “Judicial-Legislative Privilege” to shield executive documents from audit by the Judicial and Legislative staffs?

___ How is the President proposing to enforce the laws if he has no staff?

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What I would Prefer

Congress should include in all contract clauses a separate reporting requirement to Congress. Congress alone has the power to regulate facilities; provide for the support of the army. The President, if he is to exercise his sole power – Executive – must have Congressional comprehension of what he proposes to do.

Congress should specify the contract employment terms of the White House contractors. All Federal Government contractors, to permit Congressional audit, shall be required to report all contacts, meetings, and other things with the White House.

The President has no power to block audits; if he refuses to cooperate, those contracts he uses may be terminated, with the costs borne by the Department from future appropriations within the two-year time window.

Until the White House accepts that Congress shall have access to all records related to is or is not meeting their performance plans; Congress has no duty to provide funding for what the President will not explain.

Only the Presidents’ salary is protected. The Vice President’s salary may be terminated; and he may have his salary removed from the House Appropriations Bill. The Senate threat of filibuster cannot force the House to include funds they are not required to provide.

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Until the White House provides the list of personnel entering and existing the White House, the Congress shall have no obligation to provide funding for any White House connected employee;

Until the records are provided, the court may make adverse inferences that there is illegal activity in the White House, warranting broader discovery;

Congress may adversely conclude that its power to make rules has been illegally thwarted; and that the President is illegally asserted non-delegated Legislative and Judicial Power;

The Congressional appropriations for this activity should be presumed to be illegal, not connected with a full accounting of what is happening; and the House appropriations for this activity may or may not be logically connected with a bonafide effort to raise or support any lawful armies;

There is no basis to continue providing appropriations for any DoD contractor who is not fully cooperating with the review of which contractors are or are not entering the facility;

There is no basis for Congress to know which contractors who provide valuable meal assistance, barber, pool cleaning, house cleaning, or other administrative duties should or should not be paid; or whether they should still have access to a secure facility connected with the Congressional power to support an army.

The President’s salary, alone, cannot be adjusted by Congress. The House Appropriations Committee has sole power to include or exclude funds for the White House, a government facility.

It would be appropriate, if the President would like to have more than one person by his side – Laura – that he provide the access list; otherwise the Appropriations committee is under no obligation to include anything for the White House appropriations for any staff. The Constitution does not require the Congress to provide a salary to anyone but the President. The House Appropriations Committee does not need to pass a budget that includes any funds for anyone in the White House.

It gets hot in the summer; and it is cold in the winter. Only the House Appropriations Committee can provide the funds to keep the President cool when it is hot; and warm when it is cold.

There is one White House. If the President is not happy with his zero-budget appropriations for this staff, he is free to remove himself from the White House and do his business somewhere else. The President shall bear the full costs.