Draft Grand Jury Indictment: President and AG Illegally Obstructed Justice

Gonzalez Blocked DoJ OPR From Reviewing His Misconduct

The Attorney General used classified information which he was not entitled to see, to block DoJ OPR from reviewing the Attorney General's illegal activity.

Internal White House documents are not protected by any claim of privilege when that activity is related to illegal activity; the matters have been disclosed; or the President discloses his illegal activity. The President may not close the barn door after disclosing his decision to block an investigation into what he later admits were FISA violations.

Reynolds is not blanket authority to hide documents related to illegal activity: The deliberations are after the original illegal decision to thwart an investigation. Privilege is only possible on national security grounds when the information is strictly necessary to protect national security. DoJ Staff cannot argue, in light of the illegal FISA violations, that classification was related to strictly national security issues, but to hiding illegal activity.

Ref WH Counsel discussing Gonzalez' future with GOP Members of Congress.

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Draft Grand Jury Indictment

Count 1: Obstruction of Justice

Count 2: Improper access to classified investigation information

Count 3: Failure to supervise as required under Attorney Standards of Conduct

Count 4: Breach of oath of office

Unlawful use of classified information to obstruct justice

Gonzalez and the President illegally blocked a needed investigation into the Attorney General as required under the DOJ guidelines. When DoJ OPR receives information related to attorney misconduct inside DOJ, DoJ OPR has a responsibly to review that information independently.

Using information that was classified related to an ongoing investigation, the Attorney General made a beeline to the President asking for assistance to shut down an investigation. The Attorney General hoped to thwart lawful inquiry into unlawful FISA violations and other illegal activity which did not fully comply with the supreme Law.

The Attorney General, concerned that he would be disbarred for his illegal activity thwarted an investigation which the DOJ OPR had the responsibly to complete. The Attorney General and President knew that there was no legal basis to deny access; and that the information sought was not related to bonafide national security interests, but with illegal activity.

The President and Attorney General improperly used classified information related to an ongoing investigation, and illegally thwarted the required legal review of unlawful activity.

Gonzalez knew, or should have known, using this information was not appropriate; and that at Attorney General he improperly used information he should not have had access for personal gain, and unlawfully obstructed an investigation.

Original Illegal Activity Fatally Admitted

The President and Gonzalez knew that the illegal NSA activity included unlawful monitoring of non-security related issues; unlawful targeting of defense counsel; and unlawful use of that information for subsequent prisoner of war abuse and illegal kidnapping of non combatants across international borders.

The President and Attorney General have subsequently admitted the NSA activity was not within the law; and that he FISA court was not appropriately involved with the required oversight of the FISA warrants.

Subsequent DoJ IG investigation into the NSLs indicates that the DOJ Staff counsel assigned to the warrant process for the NSA and NSLs was inadequate, illegal, and the Staff counsel were reckless in not fully enforcing the law.

Unlawful Classifcation of Evidence Related to Illegal Activity

The President and Gonzalez jointly agreed to classify something to hide evidence of illegal activity, mismanagement, and corruption. The President and Gonzalez jointly agreed to suppress information that knew, or should have known, was not properly classified; and the classification was unlawful under all standards of conduct.

Gonzalez and Staff counsel working with the NSL contractors knew that the activity was illegally, but pretended that the matter was a national security issue. This was false. Gonzalez and others created the ruse that would satisfy Reynolds knowing the classification was a violation of ORCON, and did not fully comply with the classification guidelines.

Violation of Attorney Standards of Conduct

Staff consol assigned had a duty to oversee, but failed to assert their oath as required under their attorney standards of conduct.

Backup

Ref ORCON prohibis classification of illegal activity.

Ref Reynolds is not a rubber stamp for privildge when national security is invoked as a ruse to hide illegal activity: "The privilege may not be used to shield any material not strictly necessary to prevent injury to national security."]

Ref Allegations in re AG role in blocking DoJ OPR from reviewing the issues.

Ref Gonzalez and WH linked to DOJ OPR obstruction.

Ref Gonzalez linked with Obstruction of Justice.

Ref Analysis: July 27, 2006, letter from Assistant Attorney General William Moschella

Ref DoJ took the bait: The questions in re NSA.

Ref Gonzalez disbarment information

Ref Conyers letter based on National Journal revelation. Ref

Ref National Journal Article [Mentined in Conyers Letter]

Ref Tortured ARgument: Flaws with the Ticking Time Bomb Scenario in illegally permitting abuse of prionsers.

Ref Ruse of Geneva: Pretending that torture is acceptable. Reality: Geneva prohibits abuse, and the debate over "torture"-definitions is a red herring.

Ref Almost a year later, the blogosphere treats this as news.