Constant's pations

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

Friday, March 16, 2007

Comparing DoJ OPR and Valarie Plame Leak Investigation

Ref Today we heard testimony from James Knodell on the failure of the White House to do a security investigation into the leak of Valarie Plame's name.

Contrast that with the President and Attorney General blocking DoJ OPR in reviewing the NSA illegal activity.

* * *

The President cannot argue that an investigation is classified when that investigation does not exist; has not occurred; there are no findings; and there have been no results or consequences.

Put the DOJ OPR and Valarie Plame non-investigations aside for the moment. Consider the larger abuses at Abu Ghraib, Guananamo, and in the FISA court. Only when photographs appeared did Teguba conduct an investigation and issue a report; only when the NYT revealed the illegal prisoner abuse in Eastern Europe did the White House respond by moving prisoners. However, the facts show these responses were at best half measures; at worst sham responses despite illegal Presidential direction to continue with illegal activity.

Americans have had their fair share of bad news, illusory investigations, and double standards. If the American public dares discuss their views on WMD, the White House targets them; but if the President and others leak classified information, the White House targets the messengers of the White House illegal activity.

There is a common problem, pattern, and issue: This President is abusing power. Abuse isn't only in the form of active abuse of power in violate the law, but in the form of passive assent to illegal activity and failure to supervise.

* * *

The Attorney General has the power to resolve these issues by appointing a special prosecutor; or finding US Attorneys who will prosecute this illegal activity. He refuses.

The two options to resolve deputes are peace and war. Peace is the preferred option: Debate, rule of law, and open courts. The less preferable, but lawful option, is for nations to wage war.

Despite not preferring the legal forum, this President chooses the second, and is defeated.

* * *

It cannot be argued America has a functioning government when, despite the legal requirements, the US Attorney and American legal system have let these government operations spiral into disrepair.

The issue is not the President's attack on the Constitution: The Constitution remains in tact, and this President’s DOJ Staff quickly relies on it to defend themselves against accountability.

Accountability can be thwarted through pardons; and pardons can be thwarted with impeachment. I have no patience when the public whines the President might pardon Libby, yet there is no whining that the laws of war are not applied.

* * *

Thwarted Investigations: Valarie Plame, DoJ Staff counsel, NSA Violations, illegal warfare, and DoJ OPR

___ Who is not doing what they need to do?

___ How many promises have not been kept?

___ How many required actions have not been taken?

___ Which illegal activity, and decisions not to fully enforce the law, have occurred?

___ How long does it require for the US government to accept that it is on probation?

___ Who is providing the leadership to ensure this does not happen again?

___ What is required to ensure this abuse ends lawfully, and is effectively managed and contained?

___ What happens when an oath of office proven meaningless; and the Constitution is treated in an inferior manner, not as the Supreme Law?

___ What is to be done hen the American leadership cannot be trusted to assert its oath and fully enforce the Constitution and the Supreme Law?

When leadership refuses to act, we need new leaders. When leaders make excuses to ignore the law, we need new prosecutors. When leadership pretend they are not under the law, we need a lawful reminder that they cannot put themselves above the law.

* * *

We the People spoke November 2006. We the People are like a grand jury. We can conclude anything we want. Our Word and Will is the Supreme Law: The Constitution.

Those who defy the law do not defy us, nor does their defiance require We the People to do anything. Their defiance is merely of the law.

We the People cannot be defied. It is impossible. Defiance does not destroy rights or the Constitution, but strengthens them.

The President cannot take away rights or freedoms: We the People have them, they are innate, we were born with them, and nobody can take them away.

It is a myth that the Constitution is under attack. No, this President is under political siege. His only power is from a single power: Executive. All other things he claims are illusions. He cannot defy Our Will; he can thwart it, but that does not make his defiance the same as a destruction of Our Constitution.

* * *

We the People in November 2006 learned a valuable lesson: Change is the start of change; it is not the end. It is a start, and We the People can adjust. So can leaders in this Congress.

These leaders choose to defy the Supreme Law; and they pretend they can pass statutes that ignore the Constitution. Those laws and acts are illegal.

Surely if the Patriot Act and its illegal grant of appointment authority to the attorney general were reasonable, the Attorney General and President would not have hidden all uses of that authority. This President conditioned his actions on the premise that there would be no oversight, investigation, or consequences.

He neglected one minor variable: We the People. This leadership problem is not ours to resolve; but for the DNC and GOP to answer. We the People provided the guidance in 1789 in the Constitution. No other direction is required.

Poor leaders require repetitive reminders. They are not long leaders.

This leadership is stuck with war crimes; failed oversight; and recklessness in asserting their oaths to protect the Constitution. Legal requirements have been ignored; investigations never done; and required legal reporting never completed.

Those requirements are there for a reason: Because We the People told you. There is no other explanation required. If you have to have the reason explained, then you are not a leader. You are a follower.

* * *

We the People are not required to choose between the DNC and GOP; it is the job of the American leadership to choose between their rebellion or the Constitution.

We the People outnumber the American leadership. There are 536 in the Executive and Legislative Branches; We the People are over 300 Million.

We the People have the power; and the 536 have been delegated either a single Executive power; or finite legislative powers. The States and We the People retain all other powers; and we may lawfully revoke those powers which have been abused, not properly managed, or recklessly employed. We the People may lawfully do anything so long as it is consistent with the Supreme Law; or is carefully presented in a formal ceremony where the New Supreme Law is introduced.

This leadership knows this can happen. We the People can do this. There is nothing stopping We the People from turning this US government on its head, lawfully transforming it, and starting anew with a solution to their Constitutional confusion.

Where lawyers defy their standards of conduct, the violation can be quickly adjudicated with meaningful, timely consequences.

Where lawyers hide evidence of their illegal warfare, policies, memos, or conduct, that information can be subject to new rules of evidence and a transformation of the notion of privilege.

Where lawyers pretend the American model is superior, but leave the Constitution in an inferior state, they can be jailed to give them time to think of a solution.

Where lawyers choose to lead illegal rebellions against the Constitution, and leave We the People with their mess to clean up, the legal community can be turned upside down to remind them they have mess and they need to clean it up.

Lawyers are not Gods; and We the People are not pawns. Woe to the legal community and arrogant staff counsel who believes they can defy We the People. We the People are permitted, through the law and adjudication, to lawfully destroy all that you value: Your careers, livelihoods, reputations, and even lawfully permit the courts to decide whether your life, liberty, and happiness will be denied.

Nuremburg is precedent for imposing legal consequences on civilian policy makers in Congress and staff counsel who assent to illegal warfare and fail to prevent what they have the power to block.

We the People made our expectations clear in the Constitution. If the Attorney General has to ask, "What do I do," he insults himself twice: First by defying the law despite his oath; then second by defying his oath by ignoring the Supreme law.

This week we've learned the US Attorneys were fired because they dared do their job; this President, despite not doing his job, still has a job. Congress could do something about this, but refuses.

* * *

The Constitution is stronger than this President. This President -- despite choosing combat and losing and avoiding the legal forum -- has no option but to assent to the rule of law. He has no power to “allow” others to do what they are required to do: Fully assert their oath, conduct investigations, and protect the Constitution. A decision not to investigate, or thwart investigations, is evidence of one having not fully asserted their oath 5 USC 3331.

The President has a job to do. He is not doing it. The GOP is abandoning Gonzalez. They can also abandon this President. With more evidence, that will be possible.

The right side of the law is the Constitution. We the People and the Constitution are inseparable: We the People created this document and we can also lawfully destroy it and replace it with something new.

This Congress has the chance to do its job; and it has the chance to fail. The Constitution does not permit its destruction; rather, We the People through a New Constitution may lawfully destroy Congress with a new system of governance and bring about a new solution.

* * *

It appears this President and legal team do not understand what is at stake. If America's leaders refuses to assert their power and end illegal warfare, America will not be able to claim sovereignty. Other nations may legally invade and restore order.

DoJ Staff counsel have let down America. They have undermined their legal obligations. They have failed to meet their attorney standards of conduct.

We the People do not have requirements; we have Our Constitution. The Constitution does not exist as a requirement on We the People; it exists as a reminder to the US government of what is required: Their assent to the rule of law using very specific guidelines in the Constitution.

This President and his attorney general have refused, like this Congress, to do their job. We the People have a job: To protect this document, especially when the US Constitution has been left in an inferior state. It matters little that many in the US government claim to have taken an oath; or that the Supreme Court justices refuse to hear cases related to important Constitutional questions.

We the People may make adverse inferences.

* * *

The States are guaranteed an enforcement mechanism under a republican form of government. This US government has not only denied the sates that right, but actively thwarted with it.

Required investigations have not been done. This is a breach of the US government guarantee to the States.

States are not allowed to wage war; but they are allowed to prosecute a sitting president and bring charges against Members of Congress who refuse to assert their oath and protect this constitution.

It is not legal to advocate violence; nor point to the possible benefits of violence. But is it legal to talk about what foreign fighters are allowed to do under the laws of war: Assert their power to oppose that which is abusive.

* * *

One naive concept of leadership is that leaders lead, solve problems, and help advance society.

This President belies this concept: He does not lead, solve problems, or help. He is the problem.

This week's emails are the tip of the iceberg. We've learned alot; there are many things to learn about the US Attorney firings.

Imagine what we might learn if the focus were directed not at the Attorney General, but at the President. Leaders who refuse to cooperate with the law are not leaders, they are criminals. IT does not matter if the GOP Senators embrace this world view of the Constitution.

We the People can make adverse judgments about whether GOP Senators are or are not willing to do what needs to be done on issues of Presidential accountability. Surely, if impeachment were a "good" thing for the President, then the GOP would be pushing for it. They are not.

Surely, if impeachment were a "slam dunk benefit" for the Republicans, and would bring an "automatic" backlash against the DNC, the GOP would be for it. The GOP is against it.

There's no merit to any argument that impeachment is bad for the DNC. The problem for the DNC is if it refuses to see the writing on the wall; and the GOP refusing to see the walls are closing in.