Draft War Crimes Indictment Congressman Dan Burton [ R - IN]

This is a draft war crimes indictment against Congressman Dan Burton.

He is presumed innocent until proven guilty.

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Authority

Geneva Conventions

Ref Nuremberg: Death Penalty Imposed on Civilian Leadership for failing to investigate or impeach public officials to enforce laws of war.

Member of Congerss Oath of Office, 5 USC 3331

Ref Intimidation to affect right of witnesses to testify to Congress. 18 USC 241, 245.

Allegations

1. Burton served in the United States Military [US Army, 1956-57; USA Reserve, 1957-62] and knew, or should have known, about the laws of war, Nuremberg precedent, and the SecDef 5100.77 Laws of War Program. Burton knew, or should have known, that Nuremburg imposes a legal liability on Members of Congress when they block investigations, refuse to cooperate with war crimes investigator, or stifle efforts to gather evidence related to war crimes.

2. Burton has Chairman of the Government Oversight Committee well demonstrated his ability to issue subpoenas to enforce the law. Despite his proven track record of conducting investigations into illegal activity, the Congressman refused to assert his lawful authority to enforce the laws of war. While in charge of the House Oversight Committee, Burton gleaned valuable experience into enforcing the rule of law. Burton had access to committee counsel, and failed to subpoena JAG officers who might have provided him guidance on the laws the President and Republican Party were violating.

3. Burton had access to confidential RNC Memorandum, and other information sent through the Diplomatic communications outlining how war crimes were being implemented.

4. While in the House of Representatives, Congressman Burton and his alleged co-conspirators knew, or should have known, about war crimes committed by the Republican Party. Rather than investigate this activity he and others took active steps to thwart investigations into violations of the laws of war; and intended to distract attention from their illegal agreement to block enforcement of the Geneva Conventions.

Count 1: Violation of Oath of Office, 5 USC 3331

5. Burton and his alleged co-conspirators had a legal duty to enforce the laws of war, but illegally breached this duty. This conduct violates the Member of Congress Ethics Standards, brings discredit upon the House, and raises serious doubts about the Congressman's ability to independently be trusted to fully do what he promised to do: Fully enforce the United States Constitution and all treaty obligations under the laws of war.

6. Contrary to his oath of office requiring him to fully enforce the Constitution and all treaties, Burton was reckless in not timely responding to evidence that Title 28 and Title 50 exception reports were not being filed.

7. While Chairman of the Government Oversight Committee, Congressman Burton was reckless ignoring war crimes evidence, not investigating evidence of grave breaches of Geneva.

8. Burton and his alleged co-comparators in the Republican Party refused to investigate open, fatal admissions by the President that he had engaged in war crimes, abused prisoners, and did not enforce the laws of war as required.

9. Burton and his alleged co-conspirators ignored evidence warranting impeachment, and refused, as required under the Nuremberg Precedents, to use impeachment to enforce the laws of war.

10. Burton knew that there were reasonable legislative intents to enforce the laws o war through subpoena, but refused to enforce the laws of war.

Count 2: Witness Intimidation, Interfering With Congressional Inquiry

11. Burton’s conduct was designed to illegally interfere, obstruct, delay, and induce witnesses not to fully cooperate with an ongoing Congressional investigation into violations of the laws of war.

12. Burton and his alleged co-conspirators have attempted to interfere with fact finding, transcripts, and dissuade witnesses from appearing. This is a very serious practice. Members of Congress who interfere with written transcripts, or attempt to imply that witnesses do not have to appear could be found in breach of their Standards of Conduct.

13. Burton and his alleged co-conspirators have attempted to leave the impression with witnesses that the Congress has no role in gathering facts; that Congress cannot compel witnesses to appear; or that the witnesses may refuse to cooperate.

14. Burton and his alleged conspirators have attempted to create the false impression in the minds of witnesses that they do not have to agree with Congressional fact finding; and do not have to fully cooperate with Members of Congress efforts to memorialize evidence and testimony with admissible transcripts.

15. Rather than enter evidence, offer questions, or demonstrate a track record for having enforced Geneva, Burton and his alleged co-conspirators have attempted to thwart, block, intimidate, and interfere with Congressional inquiry into the laws of war.

Count 3: Unlawful Intimidation

16. Burton and his alleged co-conspirators engaged in a deliberate, calculated effort to block enforcement of the laws of war. Despite gaps in the Title 28 and Title 50 excpetoin reports, Burton as Chairman of the House Oversight Committee did not,r refused to, and actively thwarted investigation of these gaps.

Count 4: Dissuading Enforcement of Geneva

17. Burton and his alleged co-conspirators have engaged in communications, planning, and other coordination to dissuade enforcement of Conventions.

Count 5: Unlawful Threats

18. Upon information and belief, Burton and his alleged co-conspirators have promised to provide valuable benefits, and deprive people of valuable consideration for their assistance in blocking or their failure to block war crimes investigations.

Count 6: Inducement, Unlawful Appeal to Refuse To Assent To Geneva

19. Rather than conduct an investigation, or support lawful inquiry into Geneva, Burton and his alleged co-conspirators have illegally characterized the lawful efforts to enforce Geneva and conduct investigations as "abuse."

20. Burton knows, or should know, that characterizing an attorney's lawful conduct amounts to an unreasonable violation of the Attorney Standards of conduct, amounting to an illegal abuse of Congressional franking privilege.

21. Burton knows, or should know, that questioning the lawful motives of members of Congress to establish facts and enforce the Geneva Conventions is not for a lawful or reasonable purpose.

Count 7: Speculative Threats To Induce Violations of Geneva, Thwart Lawful War Crimes Inquiry

22. Burton and his alleged co-conspirators have asserted, in a speculative manner, that the Members of Congress enforcing Geneva may or may not do something.

23. Burton and his alleged co-conspirators pointed to vague, unsubstantiated abuses, and have refused to discuss these issues with the DC Bar.

24. Burton and his alleged co-conspirators have pointed to nothing which prohibits enforcement of the Geneva Conventions through the use of subpoenas; nor is there any basis for any Member of Congress to interfere with lawful inquiry.

25. Burton knows or should know that Members of Congress do not have to threaten subpoenas, but may issue a subpoena without notice. That subpoenas have been discussed as a lawful option is part of the legislative process Congress, not just a Member of Congress, may use to gather facts.

26. Burton and his alleged co-conspirators are reckless in not enforcing the Geneva Conventions; and dissuading the public to understand that the laws of war may be enforced through investigations, impeachment, subpoenas, and the lawful gathering of facts. whether that fact finding is conduct in public, private, in open committee, through memorandum, or other evidence is irrelevant.

Count 8: Dilatory Efforts To Block Enforcement of Geneva

27. The Republican Party and Burton have refused to enforce the laws of war; but have characterized any effort to enforce the law through fact finding, discovery, interviews, subpoenas, and recorded testimony as a partisan tactic requiring restraint.

28. Burton and his alleged co-conspirators have ignored the massive pile of evidence of war crimes, asking that others quietly hide evidence, not provide depositions, and secretly do nothing while Geneva demands enforcement of the law through investigations, impeachment, and prosecutions.

29. Burton and his alleged co-conspirators induced others to not fully assert their oath.

Count 9: Failure to Investigate Evidence of Prisoner Abuse

30. Burton and his alleged co-comparators have abrogated the Geneva Conventions, not enforced their oath of office, and have ignored the investigation power required to enforce the Investigations. Burton ignored protections afforded to Prisoners of war, and without notice, supported illegal efforts to abuse prisoners; and failed to ensure prisoners of war ere properly treated. Burton failed to investigate the evidence from Donald Vance.

Count 10: Failure to Review US Government Plans Depriving Prisoners of War Procedural Rights

31. Burton and others worked in concert to deprive prisoners of war their protections, conduct summary interrogations without notice, and selectively leaked information in violation of the laws of war to pre-judge innocent civilians never charged for any crime, but illegally punished through indefinite detentions.

32. Burton and his alleged co-comparators were reckless in failing to ensure that prisoners of war were treated in accordance with the Geneva Conventions. They neglected procedure rights and safeguards under Geneva, and illegally supported the unlawful military commissions act which illegally denied prisoners of war the rights and procedure available under the Conventions.

Count 11: Failure to Review Evidence Illegally Gathered Information Used To Illegally Abuse Prisoners of War and Support Unlawful Kidnapping

33. Burton and his alleged co-conspirators assented to no-notice renditions, FISA violations, and intrusive interrogations of Americans civilians by JTTF, FBI, and permitted grave breaches of Geneva around the globe against innocent civilians.

Count 12: Complicit With Failure to Investigate False Evidence Provided To Tribunals

34. Burton and his alleged co-conspirators knew, or should have known, that the prisoner of war transcripts were being doctored, fabricated, and there was false information being released to the media that was false. Burton was reckless in not examining this evidence the DOJ IG, DOJ OPR, and FBI had that transcripts were false and fabricated.

Count 13: Unlawful Public Accusations Against Attorneys And Members of Congress For Protected, Lawful Investigation Activity To Enforce Laws of War

35. Contrary to the US Constitution, Burton and others attempted to publicly question Members of Congress for their lawful efforts to enforce the laws of war. The Constitution does not permit any Member of Congress, outside the legislature, to attack the credibility of a peer in Congress nor question their lawful efforts to enforce the laws of war. The Constitution expressly forbids all legislators from questioning the statements, actions, and lawful conduct of Members of Conduct while performing their duties to enforce the laws of war. Burton and his alleged co-comparators were reckless in ignoring the Constitution, and blocking efforts to enforce the laws of war.

36. Burton and other knew, or should have known, these statements were not protected; and were not appropriately forwarded to the DC Bar for review.

37. Burton and others in the republican Party had a duty to ensure they followed all procedural requirements of the DC Bar when making a complaint about the motives, intent, and actions of an attorney. Burton and others failed to fully comply with the required investigation procedures, and impermissibly released incorrect, invalid, and false information about another Member of Congress to distract attention from their war crimes.

38. Burton failed to review this evidence when he had the power, authority, and responsibility to review this information. Burton was reckless in not investigating information and his failure to investigate these war crimes was a breach of his duty to enforce the laws of war.

Summation

38. Based on the evidence, the Grand Jury recommends the adjudication of war crimes and, if convicted, the imposition of the death penalty. There are no mitigations.

Background

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