Constant's pations

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

Wednesday, April 04, 2007

American Legal Community Can Be Harshly Disciplined, Denied Independence

President in re US Attorney Firings: American Legal Community Recklessly Assents to Frivolous DoJ Excuses

The crisis is not the US Attorney firings or with the Department of Justice. The crisis is the breakdown of leadership and discipline within the American legal community.

Department of Justice officials and staff counsel are relying on their proximity to criminal defendants to glean lessons and use the same tactics to avoid public oversight. As with any criminal defendant who is trapped, the Department of Justice, White House counsel, and President are struck. The legal defense games have run their course. The American legal community is seen less as an honorable opponent in litigation, than as a domestic enemy not showing any contribution for massive criminal conduct.

The President and American legal community, working in concert with law enforcement, are not protecting Americans from anything. Rather, they're gleaning the lessons of criminals to avoid detection and oversight of their illegal activity. National security hasn't been invoked to protect any national security secrets, but to hide the scope of this criminal enterprise from public oversight and accountability.

They way forward is for this legal community to define with precision what it will do to ensure that this abuse of power within their profession never occurs. Then it is the job of the American legal profession to defend their plan against public criticism. The burden of proof is, as always, on the governments and legal community to justify confidence that the solution is valid. Until then, it is presumed the American legal community remains a domestic threat to the Constitution and bears close monitoring and supervision. They are presumed guilty until they show they can be trusted to fully assert their oath.

This reckless American legal community has exhausted the reasonable patience of We the People. They have betrayed their oaths; not done their jobs; and have illegally permitted this Constitution to slide into an inferior state. America's legal experts are not vanguards or protectors. They are domestic enemies and shall be treated as threats to the Constitution.

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The President and DOJ Staff are using their proximity to law enforcement, prosecutors, and legal counsel to abuse power, then make excuses to avoid oversight. American Legal Community and law enforcement demonstrate they are willing to abuse their authority and legal training to skirt accountability.

As with the FISA violations, the problem We the People are confronting is the legal community using their proximity to power as a justification for them to abuse their legal training.

If you review the DoJ staff counsel statements, you'll see that they're approaching the Congress as if Congress were an adversary in a 42 USC 1983 claim.

DoJ Staff counsel are attempting to throw up smokescreens to pretend that the US government official conduct in the Department of Justice cannot be reviewed; or that it is subject to certain waives or exceptions.

These defenses are not impressive and irrelevant. The case before us is not narrowly defined by how the Department of Justice wants to couch the issue. This is not a law enforcement matter.

These are issues of power and Constitutional law. The two are separate.

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The US Attorney firings are a narrow subset of the larger illegal activity put into effect by this DOJ Staff counsel. The objective of the US Attorney firings is not isolated to partisan goals; but more broadly to create a precedent which would establish that the President may illegally usurp Congressional power; amend the Constitution illegally outside the required Amendment process; and induce Congress to assent to these illegal usurpations.

Whether Congress does or does not agree with the President is meaningless. The Constitution delegates only to the Senate the power to confirm the nominees.

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The Department of Justice, having seen the lessons of the DOJ OPR in re 42 USC 1983 actions against law enforcement, is using that legal experience as an immunity shield against accountability.

The public sees first hand why prisoners of war are being abused. The American legal system is stacked against the vulnerable, even when there is public oversight and an open media.

Despite this government agreeing with the Geneva Conventions, it has taken six years to review these legal issues. This is unacceptable.

Fortunately, in re the US Attorney firings, the issue is not whether there has been illegally relation; but more broadly, whether the illegal usurpation of power was or was not related to war crimes. There is no statue of limitations on war crimes.

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DoJ has one goal: To make excuses to avoid accountability. DoJ has learned well how to insulate law enforcement from public oversight; create barriers to discovery; and hide officer misconduct.

Under the Chairmanship of Senator Hatch, the Department of Justice has spiraled into non-sense. We saw Chairman Hatch bungle his way through the GOP inappropriate access to DNC internal memoranda. When the President of the United States was called on the carpet for DOJ employee retaliation against Sibel Edmonds, Hatch did nothing.

Hatch has been instrumental in turning a blind eye to corruption. America’s law enforcement got the wrong signal that their illegal activity would forever go unpunished. Prisoners of war are refusing to play the games of Senator Hatch. They are lawfully asserting their Geneva Conventions protections to compel the US legal community and law enforcement to be accountable for the Geneva violations.

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Arguably, all DoJ Staff counsel dilatory and frivolous arguments presented to avoid accountability is evidence of their lack of contrition over serious war crimes.

DOJ is linked with prisoner abuse, NSL violations, illegal warrants, rendition, and grave breaches of Geneva.

It is an illusion that the Department of Justice can invoke case law to avoid accountability. Just as Addington's Iran-Contra minority report cannot withstand cursory review, so too does the DOJ Staff counsel conduct and defenses similarly collapse under cursory examination.

Once this mess is exposed, it's the job of the American legal community to explain what happened the DOJ Staff peer reviews; why the DOJ OPR was blocked; and what happened the DC Bar Attorney Disciplinary Board.

Discipline has impermissibly collapsed in the American legal community. Lawyers working for the White house and Department of Justice have illegally assented to unlawful warfare, unconstitutional conduct, and illegally changes to the Constitution.

The lawyers were once though tot be the vanguards of American Constitutional law. Now, they have been discredited. They are seen for what they really are: Domestic threats to the American constitutional.

It is beyond reasonable schedules and time limits for the American legal community to refuse to inject itself into this mess, and provide timely recommendations and plans to resolve their profession's credibility crisis. There are no negotiation on the rule of law.

The American legal community needs to encourage the lawyers in the Department of justice, Defense, and White House counsel's office to accept that the longer they delay, the worse it is going to get. The more delays there are, and the more refusals this legal counsel give to not fully defend the Constitution is evidence that the way forward is to rewrite the Constitution without any inputs form the American legal community.

Enemies of the Constitution are not given respect or a chance to speak. They may be denied any right, power or authority to have any input into the laws which govern their profession. This is what happens when a profession loses the legal foundation and discretion to self-govern. The Constitution can be redrafted to deny the legal community the discretion to ever permit this abuse of power to recur. How this is done is less important than for the legal community to accept: It can be done regardless their views.