Constant's pations

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

Thursday, March 15, 2007

No Deals for White House, DoJ Staff Counsel

It's too early to talk about any immunity, especially when the larger pattern of conduct, audit failures, and breakdowns in the US legal community have not been characterized.

Brad Berenson is in no position to argue that any of the DOJ Staff should have consideration or immunity in exchange for anything.

Ref Dubious WHite House claims: Confirmed. White House counsel can only continue protecting information if they illegally classify it, violating ORCON.

* * *

Arguably, there's enough evidence on the table to prosecute his client whether this client does or does not get immunity.

DoJ Staff are in no position to request anything. The larger issue is they are allegedly connected with war crimes information. It not acceptable for any Member of Congress to propose a discussion over immunity for anything.

Berenson is allegedly complicity with war crimes; and for him to suggest or imply that his client needs something is contrary to the larger Geneva requirement to gather evidence. Whether Berenson and his client wish to cooperate is irrelevant.

Please urge the committee reviewing the US Attorney firings to take the larger view: There are NSA, rendition, and war crimes issues linked with the same Staff Counsel.

It is not approached to discuss amnesty especially when we have yet to understand what they are asking for amnesty over. Do not agree to anything that permits immunity when the scope of illegal activity has not been characterized; nor have the full documents showing their guilt been seen by the Committee.

Repeat: Do not make any deals now. Whether the DNC and State Bars want to do their job and being investigations is of secondary importance. They have work to do: Protecting the Constitution. We the People will get a front row seat:

___ Who makes phone calls to dissuade action;

___ Who dares to say that "we need not look at that" when there is no information showing us why something cannot be looked at.

Please urge the Committee to have an open discussion, without witnesses, about whether they see things, and their concerns as they related to the apparent bridge between the White House involvement with the US Attorney firings, and the larger pattern of conduct which the President did not want the DoJ OPR to review.

There needs to be an open discussion, cross talk, and a review of the preliminary patterns of conduct in the context of the larger issues this President and Gonzalez have openly stated that they were actively thwarting DOJ OPR from reviewing:

___ NSA illegal activity

___ Warrant less surveillance

The same staff counsel are involved. Anything that they have done in re US Attorneys is the basis to expand the inquiry into all alleged illegal activity which this Congress says is not on the table.

Non-sense. This President put it back on the table by openly burning the Constitution in front the of the Committee, and expecting nobody to do anything about it. Then he directed his legal counsel to rub Congress' nose in it.

Those days are over. Either Congress takes the high road on this, and throws it back ad the DOJ Staff counsel complicity with this alleged illegal activity; or the States have a reasonable basis to conclude that the US Congress is not serious about asserting their oath.

IT is on the table: The States may lawfully prosecute Members of Congress who make deals, or refuses to fully comprehend the war crimes issues linked to this staff counsel implicated with the US Attorney firings.

This is a foreseeable linkage, and competent staff counsel advising the Congress would know. If this is not done, then later there will be issues of malpractice assigned to the Congressional Staff counsel, and they can be disbarred.

Bottom line: Time to wake up and realize this alleged illegal activity by the DoJ Staff counsel directly links to the issues this Congress say are not on the table.

IT is time for Congress to choose: Are they with We the People and the Constitution; or are they going to pretend that this evidence of war crimes linking his President to impeachable offenses is off the table.

The states are ready. And foreign fighters are looking for any excuses to expand combat operations.

Congress and this President need to agree to stand on different sides of the aisle. The Questions this Congress needs to answer: Are they going to join We the People; or are they going to be targets for war crimes investigations. The war crimes prosecutors are looking for an excuse.

These are serious issues which no Member of Congers can underestimate.

* * *

It is acceptable for the Members of Congress to openly acknowledge what they do not know; and discuss openly in committee their views of where they would like to see the investigation, review, and discovery.

There is a reasonable basis to broaden the inquiry from the US Attorney firings, to the evidence which DOJ Staff and White House counsel have been involved in re NSA, rendition, FISA violations.

I realize this may be outside the immediate issue, but the concern is that once the Congress begins to pretend that the US Attorney issue is narrow, and then the White House counsel and DOJ Staff are still in a position to pretend they have leverage.

Make no mistake: This conduct which the White House counsel has been implicated in is the same pattern of conduct Addington, Gonzalez, Yoo, Bybee, and Berenson have been allegedly implicated in re prisoner abuse, FISA violations, and the larger illegal conduct.

The issue is not the US Attorney; but the leadership from this President, and the illegal orders that DOJ Staff and White House counsel have put into effect to violate the US Constitution, Geneva, and the Supreme Law.

Do not pretend that there are issues that can be taken off the table; or that the inquiry only related so to certain area.

The issue is whether the DOJ Staff will or will not cooperate with a fully public understanding of why this DOJ Staff and White House counsel have chosen to violate their oath of office, ignore their attorney standards, and fragrantly put the US Constitution behind their Partisan goals.

There is no excuse. The Committee needs to make it clear that the legal profession has let down America.

What’s needed is some leadership from the ABA to bring in peers to assist the Congress in reviewing which available information already well warrants disbarment of counsel; and then force the White House counsel to outline their solution to this problem. Congress should not be forced to solve a mess this White House crated.

Once the White House proposes a plan, then the Committee can call witnesses form the White house to force them to justify why this plan will work; and then challenge them over the plan on the basis of the other documents Congress has, but the White house does not realize is outside their control.

The White House, GOP, and this President have been discredited. Their job is to decide if hey want to be part of the solution; or whether they want to continue to inspire foreign fighters to continue armed attacks.

Bottom line for Berenson: No deal. Your client will get nothing. Berenson is an alleged war criminal; and is in no potions to pretend that his client deserves anything. His client needs another lawyer; Berenson is allegedly complicity with the illegal activity and is under investigation by We the People.

If the White House thought that losing 93 US Attorneys might be problem, they haven' teen anything yet. The White House faces the real prospect of hundreds of White House, DoJ, and DoD legal counsel losing their credentials over the war crimes.

Yes, this is that big. Pace yourself. Do not let the outside counsel get Congress to agree with any deal, especially when there is no basis for them to argue for anything. Congress has a legal basis to expand inquiry into the pattern of conduct the courts have been fraudulently told is "privileged"--it is not. In light of Reynolds the primary motivation of this classification was not to protection national security, but to hide illegal activity. Nixon shows us that executive privilege is not absolute; and Nuremberg reminds us that even legal counsel, court officers, judges, civilian policy makers, and civilian contractors can be prosecuted for war crimes.

If the US Congress messes this up, war crimes prosecutors from abroad will have to decide whether Members of Congress failed to do what they should have done. Congress is advised to work closely with war crimes prosecutors during this initial investigation in to the US Attorney firings, protect evidence in the context of a war crimes investigation, and ensure the proceedings are not tainted. This is not going to end in a few weeks. There is no statute of limitations for war crimes. The Cloud over these attorneys in the White House, DOJ, and DOD will hang over them for years.

There is more on the way. And the white House has no clue what other documents are outside their control and can show the public that the DOJ and White House counsel legal staff are reckless, incompetent, and have utterly failed in their fiduciary duty.