Constant's pations

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

Sunday, March 25, 2007

Plain Reading of US Atty Statute Shows Geneva Violations

A plain reading of the US Attorney Statute shows there have been grave breaches of the US Constitution, and this illegal activity is linked with war crimes.

War crimes prosecutors continue monitoring the evidence from the DOJ and White House counsel's office in re the illegal US Attorney firings. This is evidence that the US government has refused to enforce the Geneva Conventions.

Geneva requires a credible showing that there remains an enforcement mechanism of the rule of law. The US Attorney firings raises grave doubts these legal requirements have been followed; it is more likely that they have been actively thwarted.

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The oath of office requires that the Constitution be enforced. It is a secondary matter what the Congress hopes to do. If Statutes do not comply with the Constitution, they are unconstitutional.

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Let's consider the plain language of the US Attorney Statute in light of Gonzalez involvement with their firings.

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The plain reading of the statute intended for US Attorneys to have a full term; and there is a roll-over provision: Until there is a successor appointed and qualified under appointment-nomination procedures the Constitution proscribes, they are to remain the US Attorney.

Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.

Gonzalez, with the illegal advice and consent of Congress, delegated himself power to remove US Attorneys by firing them, but called them resignations; and then used that gap he created as a hole that he alone will fill.

The President alone has the legal authority to fire US Attorneys. This power has not been delegated to the Attorney GEneral; may not be hideen as "resignations"; and cannot be in retalation for the US Attorneys fully asserting their oath. This is illegal.

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Gonzalez must be called what he is: A self-appointed dictator; who, with the support of complicit Members of Congress, has created a ruse mechanism to circumvent the Constitutional requirement; and illegally remove people from office who have no replacement. This is illegal, wholly inconsistent with the Constitution, and is evidence he remains a domestic enemy of the Constitution.

The Statute clearly requires the US Attorneys to remain in office until there is an approved replacement. However, Gonzalez "replacement" is not lawful, nor consistent with the Constitution. All US Attorney firings are illegal, and the President's problem has been to assent to this illegal assertion of power by himself and others, while not protecting the Constitution.

It does not matter what Congress agreed to. This President either agreed with this result -- because he alone has the power to fire the US Attorneys -- or he has illegally delegated this power to others.

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There are multiple errors:

1. The Constitution requires Senate confirmation. This President, Congress, and Attorney General have defied that requirement.

2. The Statute requires US Attorneys to remain in place until there is qualified replacement. This President, Congress, and Attorney General have assented to non-qualified appointments; and impermissibly ignored the Constitutional appointment requirement. All Gonzalez direct-appointments are illegal. Because there has been no qualified replacement available, the US Attorneys who have been fired retain their power and position. It is irrelevant that the President, Gonzalez, and Congress have assented to illegal firings; or that they do not recognize that the "vacancies" have been artificially created.

3. The US Attorneys have been told they were fired, yet there was no replacement. This President has illegally removed them, cut short their term, and created fiction to "justify" their removal. The US Attorney terms did not meet the statutory requirement that the term ends when there is a replacement.

4. The DOJ Staff has impermissibly coordinated with Members of Congress and others to intimidate US Attorneys to be quiet about the illegal firings; unlawful replacement process; and the violations of the US Constitution and Statute. These are subsequent violations.

5. The statute clearly says, "shall continue to perform the duties of his office until his successor is appointed and qualifies. " Because there have been no successors constitutionally appointed and qualified, the US Attorneys are required to continue to perform their duties as US Attorneys.

6. All resignations related to the DOJ Staff counsel's plans are dubious. It is irrelevant that counsel and firms who have received these counsel have been "delighted" or that the US Attorneys who were illegally fired under the guise of resignation are silent. They have been impermissibly gagged, indicated to remain silent, and impermissibly abused with illegal mistreatment. This is unacceptable.

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The errors are multiple. The larger problem is the American legal community and GOP who have assented to this unconstitutional conduct, but not timely ended this activity.

This is a problem for the GOP and American legal community to outline a plan:

___ What will be done to timely sanction complicity White House and DOJ Staff counsel for this illegal, unconstitutional conduct;

___ What will prevent this illegal abuse of power to occur;

___ What efforts are the GOP and American legal community jointly making to ensure they clearly outline and demonstrate they are fully complying with their oath of office.

Until the American legal community and GOP demonstrate that they are withdrawn from their illegal rebellion against the Constitution, they should be seen for what they are: Domestic enemies and threats to the US Constitution.

It is a sad day when the so-called "experts" in the American legal community cannot be trusted to assert their oath, conduct timely peer reviews, or develop a solution to this breakdown in Law and order. The States are promised an enforcement mechanism. This GOP and American legal community have not provided that enforcement. The GOP and American legal community have illegally thwarted Constitutional guarantees to the states and may be lawfully prosecuted for violating the US Constitution.

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What You Can DO

Encourage your state attorney generals to look at the US Attorney firings in the context of violations of state guarantees. This sitting President and all Members of Congress may be lawfully prosecuted for violating your state's rights to these guarantees.

Please encourage your friends to contact your State legislators and State Attorney Disciplinary Boards to open investigations into all DOJ and White House counsel linked with these illegal US Attorney firings. Arguably, they have violated their attorney standards of conduct, require better oversight, and should be called into question over their suitability to continue practicing law.

The American legal community and GOP have abused the American public's trust. The way forward is to no longer threat the American leadership as leaders, but what they are: Criminals who have defied their oath, are domestic enemies of this Constitution, and have engaged in illegal rebellion against the rule of law.

They are innocent until proven guilty. When they are proven guilty, those findings of fact may be forwarded to war crimes tribunals for adjudication.

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Title 28 Section 541

TITLE 28 ยง 541. United States attorneys

(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.

(b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.

(c) Each United States attorney is subject to removal by the President.