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Tuesday, April 10, 2007

Legislative Response to NSL Violations

Statement on Legislative Responses To Illegal NSL

Ref Sen. Russ Feingold (D-WI) will conduct a hearing on Wednesday to a Legislative Response to FBI violations of NSLs.

"Responding to The Inspector General’s Findings of Improper Use of National Security Letters by the FBI"

Thank you for considering this statement.

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The American Legal community needs an immediate wake up call: They have impermissibly let the FBI and DoJ implement unconstitutional programs.

Implementation Plan

There are many things that Congress can do in response to the NSL violations.

1. War Crimes: Enforce Geneva Conventions

Review how illegally captured information and unlawful warrants were used to support, implement, and not prevent war crimes: Kidnapping, retaliation, intimidation of witnesses, inducing silence about war crimes.

2. Constitutional Modernizations

Develop an independent branch of Government that will independently investigate US Government illegal activity, regardless what party controls Congress, the Judiciary, or the Executive.

3. Legal Tools To FISA Court To Timely, Openly Discuss Illegal Activity

Review whether the FISA Court has or has not been given fully support in prosecuting DOJ and FBI agents who misled the court, or did not fully comply with the Constitution in re warrant requirements.

4. Increase Oversight Of American Bar Association

Decertify the ABA as a self-regulating organization and compel recertification of all DOJ Staff counsel under a system which Congress directly supervises and regulates outside the ABA and State Disciplinary Board.

Shut down funding to all Federal funding to ABA-affiliated law schools until they are recertified. The President is powerless to compel Congress, the House, or senate to include funding for the ABA unless the House agrees that the ABA has fully complied with its oversight responsibilities into ensuring DOJ Staff counsel were fully meeting their attorney standards of conduct.

Federalize the Oversight and enforcement of Attorney Standards of Conduct, as the Securities and Exchange Commission Has done.

Provide ABA and the DOJ Legal leadership an opportunity to outline their plan to resolve their leadership problems; and move to conduct no-notice audits of DOJ IG and the ABA peer review processes. Give them a one-week suspense. Compel them to show they are monitoring this situation real time, and have ongoing plans. Competent leadership in the ABA would have ongoing modernization plans ready to present and do not require any time to present their management plans for the ABA in light of these well known legal failures within the legal community.

Increase audit scope of the ABA peer reviews done on DoJ Staff counsel

5. Sanctions on the Department of Justice

Decertify DOJ.

6. Sanctions on DOJ and White House Staff Counsel

Issue a public statement calling for State Attorney Disciplinary Boards to review all DOJ Staff counsel assigned to their state. Encourage all State Disciplinary Boards Disbar DOJ Staff counsel involved, forwarding all information to Stat Attorney Disciplinary boards.

Identify DOJ Staff counsel involved, and review their reports to DOJ OPR.

Compel all DOJ Staff counsel involved to disclose time cards and inputs to work flows used to organize the illegal NSLs.

7. Expand Auditing Oversight of AICPA and CPA Auditors Affiliated with DOJ

Decertify DOJ Auditors as CPAs for their failure to conduct audits, and failure to detect this illegal activity.

8. Corporate Governance

Open reviews of SEC-registered companies involved with the illegal processing of NSLs.

Review openly the contract terms of intermediaries, firms, and other entities involved with the illegal activity.

Prosecute Board Counsel of firms involved with the illegal NSLs.

9. Incentives

Increase bounties for informants within firms to report evidence of unconstitutional activity.

10. Protecting Constitution: Statutory Authority To Legal Community

Remove the requirement that a witness of complainant in Federal Court have "standing" as a victim; and give them the right, as with 42 USC 1983 to sue on behalf of the Constitution to enforce the Constitution against offending US Government officials.

11. Discovery

Identify the communications, memorandum, and coordinating work flows within DoJ used to coordinate the illegal NSLs.

Identify the specific personnel who knew of the illegal NSLs

Identify when the DOJ OPR and DOJ IG should have known about the illegal activity.

12. Open Effort To Evaluate Congressional Ethics

Review when Members of Congress were first notified of the illegal NSLs.

13. Review Title 28 and Title 50

Identify the RNC briefings to Members of Congress that should have included statements in re Title 28 and Title 50 related to reports of this illegal activity.

Compel a full account by DOJ AG and President for their failure to report in writing the arsons for not fully complying with the reporting requirements that should have documented their decision not to enforce Title 28 and Title 50 enforcement requirements.

14. FBI Management Recklessness

Identify the career DOJ and FBI personnel assigned to the DC HQ, and determine how many complaints have been filed against them in the FBI SAC reporting system; or why these complaints have not been included in the FBI Agents complaint files.

Determine how much effort FBI agents involved with illegal activity, malfeasance, and other illegal activity have taken to retaliate against US personnel who knew of the illegal activity

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Congressional Inquiry

___ What structural changes are required in the constitution to compel compliance and enforcement of the Constitution regardless who controls the US government?

___ Where are the records that Statement on Accounting Standards 70 and 99 in re fraud, illegal activity, and internal controls were appropriately incorporated into audits; or if there was no cooperating that the information was publicly available outside Congress for independent review?

___ OPR: What's going on with FBI MAOP enforcement; or with the US Attorney training videos on enforcing Constitution against FIB agents; Quantico training problems: Too many nights out in DC drinking beer; or are the FBI agents retarded?

___ White House: Where is the oversight plan of the President to ensure the Attorney Standards of Conduct are fully supported?

___ IG: Where are the work flows on the non-official RNC communions related to these war crimes and other violations of Geneva?

___ DOJ ORP: Which FBI personnel assigned to the DC office have a record of blocking investigations, asserting that evidence will not be collected, or exercising inappropriate "declination" power to the US Attorneys?

___ DOJ OPR: Which FBI Supervisors have a track record of being abusive, unresponsive, or engaging in misconduct or management recklessness when assigned to field units, or have engaged in conduct bringing discredit upon the Federal Bureau of Investigation?

___ DOJ OPR: Which FBI personnel in a supervisory position as Special Agents in Charge and formerly assigned to the DOJ OPR were reckless in assenting to illegal orders to issue warrants; or were reckless in not overseeing this abuse?

___ DOJ IG: Where were the internal controls, FBI training records, and evidence that there were integrity checks by DOJ OPR into reports of agent misconduct, or DOJ Staff counsel abuse of legal authority?

___ DOJ IG, AICPA: Where are these working papers, and what is the oversight plan of DOJ OPR and DOJ IG; what did the President do to block reviews of these audit reports?

___ AICPA: Have auditors failed to comply with Generally Accepted Government Accounting Standards?

___ AICPA: Where are the AICPA peer reviews of auditors conducting the reviews of these auditors who reviewed the DOJ Internal controls?

___ OPR: Why have the complaints about FBI agent misconduct not been reported to DOJ OPR?

___ Counsel: Why have DOJ Staff counsel, with a reporting requirement to DOJ OPR, not complied with their peer-reporting requirements under the ABA Model Rules of Attorney standards?

___ US Attorney: Where are the Title 28 and Title 50 exception reports from the AG and President related to their decision not to enforce the Constitution, warrant requirement, or other tings?

___ Ethics: When will the House and Senate ethics panels review Member of Congress refusal to review this evidence of illegal activity?

___ When were Members of Congress in a position to knew, but were reckless in not reviewing, evidence the DOJ Staff counsel were not doing what the Constitution required?

___ Why didn't the Members of Congress review the DOJ Staff counsel time cards when it was openly reported that the Staff Counsel were not engaged in official activity, but doing something else while tat their work stations in the DoJ Main Head Quarters?

___ DoJ IG: Who in the FBI leadership positions has experience with DOJ OPR, but did not ensure that there were procedures in place to ensure the NSLs were fully consistent with the statutory authority?

___ Do the FBI managers who have had experience with DOJ OPR not understand what it means to enforce the law and fully oversee and manage FBI agents to fully comply with the legal requirements?

___ Why should we believe, given this recklessness by the FBI in re the NSLs, that any other rule, procedure has been followed in re MAOP, contract compliance, or issues related to Brady and the FISA requirements?

___ Who in the FBI management threatened, intimidated, and silence FBI agents into remaining silent about this reckless non-compliance with the warrant requirements?

___ What got in the way of the FBI managers fully overseeing this problem?

___ What information about FBI incompetence, and reckless non-compliance with MAOP did the FBI Senior Management ignore, and not appropriately increase audit scope to mitigate the chances of non-compliance?

___ Where is the documentation showing which FBI Senior Managers actively rebuffed information about FBI agent incompetence, misconduct, or arrogant refusal to fully comply with the MAOP while they were SACs or assigned to the DOJ OPR?

___ Which checklists, procedures, reviews, and other recommendations did the FBI Management while assigned as SACs or DOJ OPR have they refused to implement?

___ Which management training courses through Quantico or the National Training Centers for the FBI have agents not fully implemented the training?

___ Which state-level Police Oversight Boards have not fully reviewed state level police officers in re their affiliation with JTTF to abuse the NSLs and circumvent local court oversight?

___ How have the State Police Office Standards and Training oversight systems been unreasonably relied on to act as a first-level screening for issues which FBI agents have unreasonably relied?

___ To what extent has the FBI relied on local level law enforcement complaints about "uncooperative citizens" to permit the NSLs to be used as "payback" to target private citizens marginally interested in the Constitution and FBI misconduct?

___ What evidence related to local corruption have FBI agents not fully reviewed because of non-disclosed payments or favors provided to the local law enforcement?

___ How did the FBI NSL process get circumvented so that local officials connected with the JTTF could circumvent the judicial process and use FBI NSLs to directly retaliate against political opposition?

___ How were NSLs used by local officials to retaliate against employees or concerned citizens complaints about public official misconduct?

___ When witnesses or informants provided information to law enforcement, how were the names of the informants used to generate hit lists for JTTF to issue NSLs, and target cooperating public citizens in retaliation for their opposition to illegal JTTF or FBI activity?

___ How were NSLs issues to target private citizens based on accusation alone, related to benign conduct?

___ How were NSLs issued on the basis of meaningless information not to engage in any bonafide law enforcement activity, but to find answers to questions law enforcement was unable to answer, but had no reason to know the answers to?

___ When business leaders sold businesses, but the records were not accurate, how did the FIB and JTTF use NSLs to go on fishing expeditions to explain holes in the National Security Agency [NSA] databases?

___ How was illegally captured data related to US Citizens illegally used to target them, raise questions about things the JTTF and FBI did not understand, then use that illegally captured information to target them for questions, oversight, and intrusion with the NSLs?