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Tuesday, February 06, 2007

Local Citizen Effort to Protect, Defend, and Preserve US Constitutional System

America's leaders have failed. The leadership refuses to face their challenge: Remaining loyal to the Constitution; or the President's illegal rebellion.

The GOP leadership and members are waking up to the American government's credibility problem. State prosecutors are receptive to hearing evidence related to Member of Congress complicity with, and failure to prevent war crimes.

We the People shall continue to expand our lawful options to impose Our Will on Congress. The US government can be forced to face the issues. The House can compel the Senate to remain silent, and listen, during an impeachment and trial, to the House debate on the issues of the President's war crimes.

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Reed has it right -- just like the US focused on a narrow set of provable charges with Saddam, the key is to work with issues the Senate can work with during the trial phase.


1. Multiple Impeachments

Impeachment is not a one-off; there is no limit how many times the President can be impeached. Each time the Senate refuses to convict for the obvious crimes, the worse shape the GOP is in.

2. Debating "Not to Debate"

The way to get around the GOP Senate filibuster is for the House and States to force the debate into the Senate with impeachment. Recall the lesson of the civil rights movement: Refusing to confront the issue using a filibuster helped highlight the problems which need to be addressed. They were resolved.

3. GOP Awakening

The most loyal GOP-Republicans will realize there is a problem -- not just with their party, but with the direction of the leadership. The key is to point out the issues of Iraq are not connected with 9-11; and that the world response to the illegal US invasion/war crimes is consistent with what the US did in WWII: Lawfully worked with others to oppose aggressive nations. Republicans will not blindly support national security when the US military forces are used to wage illegal, aggressive warfare.

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Rather than frame the issue in terms of "is someone for or against the President," the issue has to get turned on its head: Which Members of Congress are for or against the Constitution.

The laws of war permit other nations and combatants to wage war against the US, especially when the US is unresponsive to the rule of law.

US leadership has two options to resolve conflict: Legal courtrooms; or battle. The GOP may say, "How dare you say American is defeated." Indeed, America is not destroyed militarily, but the problem with the leadership is that it keeps mismanaging resources in an illegal war. Until lawfully destroyed, We the People may presume this government shall recklessly employ and mismnage the finite resources at its disposal.

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Technically, the United States' military is defeated when the enemy's forces have more support than the United States; and US forces are unable to control the situations they have been assigned to manage, defeat, or suppress. The problem for US power occurs when US military forces are used without effect: The threat of lawful violence is insufficient to deter, stop, or prevent continued attacks. Rather, it is the failure to manage force, and the excessive use of force which emboldens enemies to lawfully oppose the United States.

The error is to attempt to use force which is either insufficient or ineffectual. The responsibility for the failure to dissuade the enemy does not rest with the media or the public, but with the leadership that recklessly uses power without effect. It is a secondary matter whether the failed use of force, on its own, was or was not sufficient to embolden the enemy. No enemy need cower when the most powerful refuse to use all lawful options; or those options are recklessly employed without effect.

This standard applies to We the People: No government need cower when We the People refuse to assert our non-delegated powers; or We the People refuse to impose our will on a wayward US government. This government refuses to respond to its oath. Our Job is to compel the Members of Congress and executive to respond to We the People.

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The Nuremberg and Tokyo War Crimes trials are instructive. Civilian leaders, refusing to end what was illegal and who had the power to influence and prevent war crimes, were successfully prosecuted after the war.

Refusing to debate a legal issue is additional evidence the US leadership in both Congress and the Executive Branch are doing what the Yugoslavians did on the eve of the NATO bombing: Lack of seriousness about ending what is illegal. Just as NATO viewed the Yugoslavian government’s refusal to cooperate with international law as the legal basis for NATO intervention, so too may other nations lawfully oppose the US.

Members of Congress need to hear: There is no statute of limitations for war crimes which Members of Congress have failed to prevent; and the US government officials, despite their oath, are refusing to lawfully end war crimes.

Our Constitution and government, when it works, relies on checks and balances. However, when the US leadership, despite legal and military losses, is not willing to adjust; and the US refuses to listen to We the People, there is another way forward: For the US Citizens to work at the state level to lawfully prosecute Members of Congress for failing to prevent war crimes, illegal warfare, or other unlawful policies they have the power to thwart, not fund, or refuse to support.

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The US has lost the moral and legal high ground, and has been defeated on the legal and military forums.

Iraq is a symptom of a maladministration problem in the Oval Office. This leadership will not end its recklessness [Katrina, failed Afghanistan approach, botched Iraq planning] until it is legally compelled -- with additional military losses -- to assent to the laws of war.

The error of the US Government, especially this Congress, is to shirk from its legal responsibilities out of "fear" over confrontation. The US Constitution assumes and depends on factional conflict -- The framers intended for factions to compete to bring about prudence. The failure of the American leadership is the illusion that the US is concerned about founding principles, while, in practice, it imprudently mismanaged combat, relief, legal compliance, and Constitutional protections.

The oath exists to force Members of Congress to act; it removes discretion. Members of Congress could blame their oath as an excuse to confront the President. They refuse to do so.

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The way forward:

1. Lawful Solutions At Hand

Remind your friends and neighbors in the GOP that there are legal options. A New Constitution can be drafted and thrust upon Congress.

2. Focus On Common Element

Regardless whether one believes the wars are legal or not; or whether there is or is not victory, it is clear there is something horribly wrong with the checks and balances in the US government.

3. Loyalty Only To Constitution: Reckless US Government Cannot Compel Loyalty

Remind people that there is a difference between the Government and the US Constitution. Either the government will fully assert its oath; enforce Geneva; and see that this President is held to account; or other fighters will provide the checks which Congress refuses to impose.

4. President Initiated Illegal Confrontation At Home, Abroad

We cannot debate certainty as if it is speculative; or argue that something which has already strated should be avoided. It is reality and self-evident: The President and Congress are in illegal rebellion against the US Constitution. A New Constitution has been written.

5. The Movement Continues

A groundswell of people are discussing viable alternatives to the GOP and DNC lock on power. The movement opposes the DNC-GOP joint-celebration of inaction in the face of war crimes, illegal aggressive war, and open defiance of the Constitution.

6. 9-11 Was Never A Credible Excuse For Illegal US Government Activity

The error of the US leadership is to believe they can assert the "post 9-11 mantra" without understanding that poorly managed wars cannot go indefinitely. Just as Napoleon and Hitler expanded too far into Russia, the US proposes to do the same in Iraq and Iran.

7. Crumbling American Legal Foundation

Iran is legally allowed to support combat operations in Iraq; and lawfully provide humanitarian assistance to the insurgency. Just as the US sent weapons to Russia to fight the Nazis, the Iranians may legally under the laws of war work with proxies to end the illegal US aggression.

8. New Military Leaders: Remain Ill-Suited To Solve Non-Military Problems

The error is to believe that a new set of military commanders can win ground combat in Iraq. There is no combat, insurgency, or civil war: It's a combination of something new which no military group can manage. It is meaningless to argue over whether the new US military leaders do or do not have PhDs; the only issue is whether, despite this education, the enemy can be won over. They cannot.

9. Competence: Force Multiplier

Iraqis, Afghans, and Somalis support American principles; they do not support American incompetence. When given a choice between the Katrina-like disaster, and the possibility of security and an improvement by opposing the US, the peoples of the Middle East will work with the likes of those who demonstrate results: Hezbollah, Hamas, Taliban, and others.

10. US in Iran: Invaded Peoples Unite, Oppose Invader

This is not an issue of loyalty to principles, but whether free people will or will not stand up for themselves. The US, after Sept 2001, did not back down; this should be remembered as US forces plan to invade Iran -- The Iranian opposition cannot be trusted to successfully rally the Iranians to overthrow the Iranian government. Rather, as after 9-11, the opposition will most likely close ranks with the leadership and expand combat operations outside the Middle East, working with Venezuelan and others to strike at US interests globally.

11. US Missing Opportunities

As long as the US is bogged down in the Middle East, other nations like China will legally be able to made inroads to outmaneuver US economic interests in Africa. The way forward is to work with the insurgents in the region, provide desalination capability to the people of Africa and the Middle East, and solve problems.

12. Consequences For Refusing To Face Issues

The US Congress must make a decision: Is it going to avoid the needed debate; or is it going to have that debate imposed on them. Members of Congress who refuse to stop illegal warfare can be legally prosecuted for war crimes.

13. State-Level Prosecutions of Members of Congress

The way forward is for American citizens to lawfully target for prosecution all Members of Congress who refuse to fully assert their oath; or are otherwise blocking oversight of these war crimes.

14. Discredited Unitary Theory: Not Valid in All Cases

The Unitary Theory of Executive Power has been formally discredited and is no longer a viable theory. The US leadership, despite arguing the President cannot listen to Congressional rules, says it will listen to the Iraqi government on how US troops will or will not be used. Since when does the Congress get ignored; but the US government only obey the rules of other nations? That is a sovereignty issue.

Read the first line of Article II: The President is only delegated one power: Executive; all other "power" falls under that single power. The rebels inside the GOP, working for the President, have twisted the Constitution and Federalist Papers to make it seem as though the 1789-era arguments [asserting the President is the only one who can check the Legislature] are still valid. They are not. What's changed is the President, not the Congress, is the most threatening to the People's liberties. Just as Reed, Feline, Rusty, and others mentioned with the NSA Act of 1947, the GOP has turned the Constitution on its head.

15. Spreading Citizen Effort

What's needed is continued faith and confidence that the initial inroads on the House Rule 603 effort -- to issue proclamations calling for Congress to investigate and impeach the President and Vice President -- are germinating; and like the Iraqi resistance to the illegal US action abroad, there is a spreading movement domestically to lawfully protect the Constitution; and see that it is made more robust.

Again, there is a New Constitution, it has been drafted, and American citizens who have day to day issues -- job, bills, family, etc -- do not need to wonder where to start: The groundwork has been laid; and there are people in place who are working to make the case to the GOP leadership -- these are issues of power; and the GOP leadership can be legally prosecuted for war crimes.

16. There Are Solutions

The failing of America's checks and balances are structural problems. Legislative power, as we have seen with Specter's feigned ignorance ["Gosh, how did that illegal language get in that bill I didn't read], does not mean that the Congress can assent to illegal usurpation of power. There is no binding precedent for illegal activity; nor is there a legal foundation to compel any US government employee to support continued erosion of the Constitution.

17. Reach Out To New People

The way forward is for citizens in the states to continue expanding their discussions with their friends; and directly engage your state officials, attorney generals, and other legal experts at the State level. Prosecutors may legally prosecute Members of Congress and the President.

18. Leadership Failure of American Legal Community

The fundamental problem with the fiduciaries is the failure of the American legal community to effectively self-regulate, and disbar DOJ Staff counsel and other legal "experts" who are complicity with the illegal activity. Unconstitutional war crimes cannot be ratified, condoned, or left undebated: They belong resolved before courts. If the US government refuses to assent to the courts; or the courts endorse illegal activity -- contrary to their oath -- they may be prosecuted for having been complicit with war crimes.

19. States and Citizens Are Lawfully Permitted, With This Ongoing -- Well Beyond Imminent -- Threat, To Defend US Constitution Using Foreign and Domestic Alliances

States have the right to expect an enforcement mechanism for the Geneva Conventions. When the US Members of Congress refuse to review the legal matters, shut down debate, and continues with war crimes -- as did Japan in WWII -- the US leadership is not longer protecting the States' right to a republican form of government.

These are issues of imminence which the Founders permitted the States to form alliances, work with other states, and seek assistance from abroad to defend this Constitutional System. That's where we're at.

20. The Problem -- The President; Others Issues Are Symptoms, Smokescreens

US Citizens will have to make a decision: Whether you're for the Constitution; or you're against the Constitution. If you're for the Constitution, then your job is to find others who are open to seeing the problems in American, and show them the problems of Iraq, Iran, Afghanistan, Katrina, Rendition, FISA violations are symptoms of the fundamental problem in the Oval Office. The way forward is to call the President, Members of Congress -- who refuse to end the illegal activity, and war crimes -- what they are: In illegal rebellion.

21. The Source of Power Must Be Prepared to Wield Power

We the People have the right, power, and duty to do what Members of Congress refuse to do: Defend the Constitution. Members of Congress have no legal power, authority, or foundation to compel any American to support illegal warfare; nor can any judge compel Americans to believe that illegal warfare is something other than what it is: A war crimes.

The Justice Trials at Nuremberg after WWII lawfully targeted for prosecution the judges who refused to assent to international law; and who failed to strike down bad Nazi laws. The same should be done with the US judges who refuse to strike down the illegal activity; or who otherwise refuse to stand up to the abuses of the DOJ Staff.

22. Clash of Factions Desirable, Needed, and Required

This effort to protect the Constitution, lawfully remove from office the President has support in both parties, and in the rank and file of the GOP and DNC. However, the DNC and GOP Leadership have it in their head that the best way to solve this problem -- the President's war crimes -- is to not do what the Framer's intended: Have a lawful clash of factions.

The US government refuses to lawfully clash, as intended, in either the legislature or the judiciary. The next forum is to launch this conflict into the Executive Branch with the 603 effort; and put the President on the legal defensive. If Members of Congress refuse to support an investigation of a finite number of charges, then Members of Congress need to be lawfully targeted for prosecution, removal, and jail time.

23. Sovereignty Doubts: Overseas Assistance Required to Preserve Rule of Law

Meanwhile, as the State's legally deny resources to the US government, US citizens need to consider which overseas allies, assets, and other supports are needed to help with this defense of the Constitution.

24. Citizens, Not US Government Officials, Are Ultimate Defenders of Constitution

The error has been for the US government -- in using too much force, and failing to resolve these issues legally -- to fail to see that it is digging itself into a hole: US citizens are not required to silently follow anyone to implement more war crimes. Citizens will have to decide when you are not longer willing to work in support of a system that defies the Geneva Conventions.

25. Refusing To Assent to Legal Forums Leaves Only Combat As the Forum To Resolve Disputes

The Conventions and Constitution are linked through the oath; and where domestic forces refuse to clash, the Constitution, through the Conventions, delegates to foreign fighters the power to lawfully wage war against the US Government. Make no mistake: That is where the US government finds itself -- it is at the wrong end of the combat spear; and it is illegally pretending that Geneva does not apply. Geneva permits the Iranians to wage lawful war against the US in Iraq, provide humanitarian support for fighters who lawfully oppose illegal US action.

26. Broaden The Perspective On NSA Intercepts

The error is to believe that what the Iranians do or do not do is the basis for the US to expand illegal warfare. The ruse, which I need your help discussing, is for the NSA -- when it detects the Iranian’s lawful military responses to the illegal US war of aggression -- to only talk about the Iranian actions, without considering the larger context: The world is lawfully mobilizing to bring combat to America's heartland. War is not imminent; but the world is united in its resolve that the illegal Presidential-Congressional rebellion against the rule of law shall end.

27. Unresolved Illegalities Form The Basis For Subsequent Prosecutions

The US government was told in the November 2006 election that things needed to change. This US government -- Congress and Executive -- have jointly agreed to assent to illegal warfare; have not stopped it; and refuse to end the funding. Members of Congress need to be legally challenged; and when the refuse to end illegal warfare, they need to be prosecuted for war crimes.

28. Illegitimate Government: Illegal, Aggressive War

The momentum of the US government, as the Nazis and Japanese during WWII, is not sustainable. The US leadership has not been military defeated; rather, it's absurdly using the legal opposition to its illegal warfare as "proof" that it is "right." The US government is an outlaw entity; disconnected from a legal foundation; and it has not demonstrated competence in effectively managing combat, legislative affairs, or duties to the States to ensure a republican form of government remains viable.

The US government is not legitimate; it no longer can credibly call itself a legal entity; and the only thing it has -- barely -- is a loose connection with the US Constitution.

What Is Needed

29. Filling the Power Vacuum: We the People Meeting Our Responsibilities

American citizens -- who do not necessarily have the time or expertise to govern -- need to prepare themselves to think through these issues:

- War crimes
- No statute of limitations for war crimes
- Japanese war of aggression in WWII
- The US reckless disregard for Geneva
- Napoleon and Hitler's unsustainable expansions
- Members of Congress, Judiciary, and Exectutive Branch can be legally prosecuted for not fully asserting their oath to prevent war crimes, stop illegal war, or contain an unlawful war of aggression

30. What Can Be Done

A. State Level Proclamations Calling For Impeachment

Continued expansion of the 603 effort: remind your friends that there is legal leverage to force the House to vote -- up or down -- whether they will put their oath before their "fear" of what may or may not happen in 2008.

B. Developing New, Competent Political Factions

Move to expand the third party that will credibly, lawfully destroy both the DNC and GOP leadership and their power bases.

C. State Level Prosecutions Against Members of Congress

Expand discussions with the open minded legal personnel in the state attorney general's offices in the states to move them to prosecute Members of Congress for violations of 5 USC 3331; and lawfully remove them from office.

D. Planning Documents Well Developed: No need to re-invent the wheel

Remind your friends that the timetable, outlines, and other planning documents have been prepared; the New Constitution is ready for open discussion; and We the People are going to have to do what the so called "experts" in the Congress refuse to do: Protect the Constitution from the illegal rebellion by the GOP-DNC in Congress and the Executive Branch.

E. Consequences: Lawfully Depriving US Legal Community of Livelihoods

Build off the lessons of the Stimson resignation [former DoD Staff consel who, in effect, attempted to illegally violate the laws of war, asking defense counse not to do what Geneva requires: Fully assert the Geneva Conventions, as required under ARticle 82]. Attorneys can be lawfully targeted for investigation, especially when they support war crimes; or when the DOJ Staff refuses to remove itself from an illegal rebellion.

F. Lead, Or We the People Will

Continue reminding the GOP and DNC leadership that the clash of factions is desired, required, and part of the oath. They cannot credibly claim they are "for" the US Constitution while they shut down a debate of the illegal aggressive war in Iraq. Members of Congress need to agree to settle this matter; or We the People shall lawfully impose a solution no politician will like. Too bad.

G. This Has Happened Before: Things Improved

Remind your friends that as absurd as the situation is, this is not unprecedented. Many times in history the free people, and those who were abused by abusive governments, combined forces to end what was immoral, illegal or unjust. It is legal to engage in non-violent resistance.

The legal community has chosen to defy its oath. They may be legally, lawfully targeted for investigation, prosecution, disbarment, and war crimes for their joint decision not to assert their legal training.

It is the job of We the People to act like statesmen, and lawfully discipline the legal community which has proven itself reckless, unwilling to assert its oath, and complicity with illegal warfare. They made their choice; its our job to lawfully impose the legal consequences through war crimes prosecutions.

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As we transition, consider:

1. Time Is Running Out

The US leadership knows its in trouble; and that We the People have woken up. What the US leadership does not realize is that there are lawful combatants expanding military operations to lawfully compel the Congress to make a choice: Either you are for, or against the rule of law. Members of Congress are about to attempt the absurd -- to have us believe that non-democratic methods are democratic; and that a failed government is competent. Don’t be fooled.

2. We Have Options

We the People have the power. The legal community and scholars know full well the danger to the US government -- not the US Constitution -- is a lawful destruction of what has failed; and a peaceful transition of power to a new system of governance.

3. Imminent Legal Consequences Before 2008 Elections

We the People are not required to wait until the 2008 election to resolve these legal issues. We may legally work today with our state legal attorneys, invite them to explain their plans to lawfully remove from power those who have defined their oath; and work with other nations to lawfully bring to Justice the Members of Congress and Executive Branch officials who have defied their oath.

It remains to be understood to what extent the US Attorneys have been thwarted in prosecuting these war crimes; or the efforts by Members of Congress to dissuade investigators from reviewing 5 USC 3331 violations by Members of Congress.

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We the People are the source of all power. The President may not legally create, twist, or define new Powers. He does not have the power to put himself above the law; nor craft language that defies the Constitution or will of Congress. The Courts are not delegated the power to enforce or assent to unconstitutional war crimes, or other activity which is explicitly rejected as against public policy.

Our Constitution was founded on the idea of prudence. Using logic, reason, open debate, and nurturing of free minds, the founders believed that we could work together to create more than we could alone. Our leadership has missed this lesson. It is the job of We the People to guide the nation, this leadership, and lawfully work with all international partners who are willing to put the rule of law before the rule of man.

Our nation will be free only if We the People, not just the US government officials, are willing to stand up for what this government -- despite the oath -- refuses to protect. It is Our job to set aside our petit partisan differences, rise above the Congress and Executive, and lawfully impose Our Will.

The President is in error. Congress is illegally complicit with his illegal rebellion. Iran is legally asserting its power to oppose unlawful American activity. We the People must work with our friends in our communities and teach others that the right thing to do isn't to be silent; but to share with others our ideas, solutions, and what could be done to protect this Constitution.

Citizens who refuse to keep an open mind, or say that impeachment is not an option, have missed the point: What other option, besides continued illegal violations of the US Constitution, have they proposed? Nothing. That is not acceptable.

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If you want your Constitution -- this one -- We the People need to realize it is broken and needs to be fixed. We are not required to work with Congress; nor are we constrained by the narrow limits on the US government. We the People may legally draft a New Constitution; create competing factions -- outside the parties -- that institutionalize what the framers thought factions would do: Oppose, check, and balance abuses of power.

We the People, not the US government, shall provide the leadership; and it is We the People who will make or break this Constitution. Congress has no power to end what it has defied; and the President has no right to abrogate an agreement he made to God: To protect the Constitution, not his immunity to accountability.

Talk about this with your friends. The people who are with you are not your political opponents, nor do they want to make your life difficult. They're in the same boat as you -- with families, jobs, and they do not have the time to focus on the issues. Sadly, this government has sent the simple message -- despite We the People not having the time to do something, We the People have to do the job of the US government, sustain this country, and be the ultimate guardians for the US Constitution.

Our job is to keep faith that there are people working behind the scenes at home and abroad to lawfully end this. Yes, it is frustrating thinking the system of governance has broken down, and -- despite the DNC victory -- its as if nothing can be done. Members of Congress can do something to force this debate, and strip the Senate of its power to filibuster a discussion on this issue: Impeachment is the power of the House to deny the Senate the option to ignore its legal obligations.

When the GOP Members of Congress realize that We the People are serious, then the GOP leadership might be able to make the case that they're our representatives, doing their job, or fully asserting their oath. Until then, move with confidence that the absurdity we have is linked with one thing: Open rebellion by the US government against the rule of law; and an unwillingness of this government to voluntarily surrender.

There are two options: They can either be with the Constitution; or they are deemed an unlawful enemy combatant, and are the lawful target for prosecutors to charge with war crimes.

The rule of law shall prevail. This Constitution shall be asserted, defended, protected, and preserved. If not, then Members of Congress shall, with a New Constitution, be lawfully deprived of any discretion, and radically stripped of the powers they have abused, not asserted, or failed to credibly clash.

We the People shall have the sole power to lawfully destroy, transform, and create a New Constitution; and one that will formalize what is needed, and create a system all Americans and the world can be proud of: One that works, remains an example, and truly shows what free people are capable of doing when given the time -- Self-governance.

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Keep up your work. Know there are like-minded people in both the DNC and GOP -- at senior levels -- who know there is a problem, and that something is needed. America needs leaders. The leaders America has have failed. The way forward is to dare to take that first step: Be a leader.

Good luck. You have the backing of the American public and the silent who have nominated you to be their spokesmen. You are doomed to succeed. The world is ready to support you. Time to show Members of Congress who is really in charge and the source of their power: We the People.

They wished this.