Constant's pations

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

Monday, April 09, 2007

RNC Violated Presidential Records Act; Unable to Comply With Subpoenas

RNC Evidence Destruction Linked With War Crimes

The Republican Party has a routine policy of deleting and purging official e-mails from the White House Staff which violates Presidential Records retention act.

These e-mails were sent circumventing the official White House Computers, but where not retained as required under the statute.

The House Oversight Committee has been unable to get all records. Even documents threatened to be recovered with a subpoena are not recoverable.

The RNC has a regular purge of its e-mails, removing from the archives the e-mails Waxman is asking for.

* * *

Here is the fatal assertion:
Some Republican activists say . . . the RNC automatically purges some e-mails after 30 days.Ref

Good thing we have subpoena power: "Sorry, we can't give you anything."

"Oh, no problem. How much more money do you want to commit war crimes?"

* * *

Evidence: Official US Government Guidance Sent Using Non-Official E-mails Accounts

The GOP is so stupid that they -- the US government -- sent guidance through the unofficial e-mail accounts about using unofficial e-mails. That' evidence that they knew what was going on; what the requirements were; but recklessly ignored them.

It's one thing to have a Presidential Records Retention Act. Another to ignore it because you don't know; but to send e-mails communicating "guidance" means you know the law; and are taking actions to comply or not comply with the law. That meets the definition of recklessness.

However, the issue isn't e-mail as a "problem" but e-mail as evidence of war crimes. Change your attitude about the e-mails: IF they are destroyed, that does not matter. Evidence destruction -- especially as it relates to war crimes, but should be retained under the statute -- is admissible for purposes of adjudicating war crimes.

The lack of evidence where there should be evidence is evidence. The US Government and President had a duty to retain all war crimes related evidence, but have recklessly allowed some, if not all, of that evidence to be purged.

This is a subsequent war crime.

* * *

Official US Government E-mail Related to Guidance on Use of Non-Official Communication Systems

Here it is: PTF at TPM [ April 9, 2007 11:30 AM ]

The US government and President were sending policy, briefings, and official direction to US government employees using non-official communication systems. All e-mails that were sent by the White House are connected with specific e-mail accounts, cache systems, and this information is stored: Which e-mails were sent; to whom; and whether the US President was doing all he could to comply with the retentions act so that war crimes prosecutors could investigate war crimes.

This President recklessly failed to ensure that the e-mails, memorandum, and other documents he sent related to war crimes was properly archived and protected as required under the statutes.

"...One former White House political aide said he vaguely recalled receiving guidance about sending e-mail on an RNC-provided BlackBerry and using a e-mail account, but he had clearer memories of getting "a billion and one" White House ethics briefings.

The e-mail instructions, from Sara Taylor, director of White House political affairs, were meant to help aides juggle dual sets of communications devices to comply with the Hatch Act and the Presidential Records Act, and to use the RNC equipment and accounts "only for political activity..."

* * *

Nuremberg and Impeachment: It is a war crime to refuse to impeach to enforce the Geneva Conventions

Nuremberg established that civilized societies shall impeach. When impeachment is not used to enforce Geneva, the failure to impeach to enforce Geneva is subsequent evidence Members of Congress did not fully assert their oath to enforce the Geneva Conventions.

Impeachment, when taken off the table on issues of war crimes, is a subsequent offense under Geneva.

All DNC and GOP actions to block impeachment, dissuade discussion of impeachment, or remove any pressure to investigate the President are crimes are subsequent violations of Geneva.

First, the original illegal war crimes are locked. They cannot change them.

Second, all DNC actions to block impeachment are subsequent war crimes.

Both the GOP and DNC have an interest -- because of their joint failure to enforce Geneva or block war crimes as required under their oath -- to not prosecute the President or anyone for war crimes. Once they start with the President, they know they cannot stop with either the GOP or DNC. The liability attaches to both parties. This is why things are very dangerous in the US right now: Nobody in the US Congress is interested in starting something that may fall back on them: War crimes prosecutions.

This is the definition of a complete breakdown of law and order. The DNC and GOP have jointly agreed not to enforce Geneva.

We the People need help. This reckless government has no plans to do what it should. We know this in 2007. The excuse of 2008 is just that -- a smokescreen to avoid enforcing the Geneva Conventions against the President and Members of Congress in 2007.

That excuses is invalid and reckless under the Geneva Conventions.

There is no statute of limitations for war crimes. The War crimes investigation will never end. It will not end after the election.

It may as well start now. However, a decision by the DNC leadership -- Congressman Conyers and Speaker Pelosi -- to refuse to impeach to enforce Geneva is a subsequent war crime under the Nuremberg precedent. Civilian leaders were adjudicated for war crimes for failing to impeach. The failure to impeach was one of the factors when determining whether someone did or did not do all they could to enforce the Geneva Conventions.

* * *

On the Table

Congress must decide whether it will assent to the laws of war and adjudicate these matters; or whether it will be forced the assent to the battlefield judgment by foreign fighters who are the proxies of We the People to enforce the oath of office and Supreme Law.

We the People are the ultimate source of this authority and power. We the People delegate to foreign fighters the power, right, and discretion to enforce -- through retaliation using lethal force -- the laws of war, Supreme Law, and the oath of office promising to enforce the laws of war.

This is not a call to arms or advocating violence. It is a discussion of what is lawful under the laws of war to enforce Geneva. Either Conyers and Pelosi wake up, or they may be come legitimate military targets subjected to the same abuses they know, or should know, have been committed against prisoners of war at Guantanamo.

I. Legislative Enforcement of Geneva

Either Conyers and Pelosi will direct the DNC to stop blocking impeaching proclamations; or the House Judiciary Chairman and Speaker shall be charged with subsequent war crimes: Taking action to not fully assert their oath under the Conventions; and failing to get out of the way of lawful action to discuss impeachment and investigation of this President's war crime.

Either the President is impeached for war crimes; or Congressman Conyers and Speaker Pelosi shall be charged with failing to enforce the Geneva Conventions through impeachment.

Either the DNC leadership wakes up to the issues of war crimes; or they will be complicit. Refusing to impeach does not address the war crimes.

- -

II. Open Combat and Retaliation to Enforce Geneva

But it does not stop there. Once the DNC leadership chooses not to enforce Geneva against the President, then foreign fighters may lawfully use force -- under the Principle of reciprocity and retaliation -- to do what the US government does not want to do: Enforce Geneva. The retaliatory attacks on the US government, under the Geneva Conventions principle of reciprocity, are lawful.

As those attacks expand, you can look to the US government, DNC and GOP: They refused to enforce the law and are being held accountable. Rather than using the court, enforcement, or legislative process to enforce the law, the laws of war shall continue to be enforced in the forum the Americans have well shown they are incompetent: The battlefield.

* * *

The fact that the Americans choose to suffer additional combat losses because they refuse to face reality is evidence of their recklessness. As with Japan and Germany during WWII, it is not lawful for the US to use the world's opposition to their illegal activity as a basis to expand their illegal warfare. Rather, as with Tokyo and Dresden terror bombings, the world community is lawfully permitted to engage in like violations of the laws of war against Americans.

Enforce the laws of war, or face combat to have the laws of war enforced against you.

America may be powerful, it is it not all powerful. It's stupid leaders, with their reckless action, is creating more of a problem, not a solution. When power is abused, it is opposed. Final judgment comes in the form of combat losses. IN the end, the laws of war will be adjudicated. It is irrelevant that the laws of war are adjudicated through Congress or on Congress. The rule of law and laws of war shall prevail over Congress and guide them, or be used to guide them.

Whether Conyers and Pelosi want to adjudicate these matters is meaningless. The Senate, not the House, decides guilt or innocense. If the Senate refuses, then the GOP Members of Congress will have to understand what they are going to do about the Nuremberg precedent: What may be lawfully done to reckless leaders who refuse to enforce the Geneva Conventions.

Combat and war crimes prosecutions remain on the table. Pelosi and Conyers are quickly becoming irrelevant. Rather than be part of the solution, they are the problem. Time for them to wake up. This is why they are getting paid. TO make the big decisions: Are they, or are they not, going to enforce the laws of war against the President. If they refuse, then they may be adjudicated as being complicit with war crimes and lawfully executed.

There is no statute of limitations for war crimes. Enforce them, or have them enforced against you. You have no option. Geneva and the rule of law shall prevail, either through the court or through lethal force on the battlefield. All Presidential orders to block enforcement of Geneva are unlawful; all direction to hide evidence related to war crimes is a subsequent offense under Geneva.

Time for the DNC and GOP to face reality: If you fail to enforce Geneva against the President, you may become legitimate military targets. If captured, you may be adjudicated for war crimes using the same procedures which the Congress has permitted against prisoners of war at Guantanamo. The illegal court procedures at Guatananamo may be applied to anyone in Congress on accusation alone, without evidence, and without giving Members of Congress any chance to hear the secret evidence. Members of Congress, under the principles of reciprocity, may be lawfully captured.

Under the principle of reciprocity, because this Congress has not enforced the laws of war against the President, and not punished him for permitting summary executions and abuse in violations of Geneva, Members of Congress may lawfully be subjected to the same treatment if they are captured. Under the laws of war, any Members of Congress may, at the discretion of foreign fighters, may be lawfully captured, detained, summarily executed in a like manner as Members of Congress know this President has permitted, and not stopped around the globe.

* * *

Big Clue For Congressional Staff Counsel

The e-mail destruction is evidence of war crimes. Either enforce the laws of war; or face eternal threat that you will be disbarred for failing to enforce the laws of war.

The evidence that has been destroyed related to war crimes. Either enforce the laws of war through an impeachment investigation; or you may be, under the precedent of Nuremberg, adjudicated with having refused to fully assert your oath to enforce the laws of war. Until there is a war crimes trial, foreign fighters may lawfully target you for summary execution with or without giving you access to counsel, evidence, or a lawful process.

It is preferable that these issues are resolved through open courts and the legislative impeachment process in open. However, the second lawful option is to enforce Geneva in combat. The Congress knows that it is incapable of raising an army to defend itself; and that all orders to block enforcement of Geneva are illegal.

Congerssoinal staff counsel must decide now if you are going to enforce the laws of war through legal opinions outlining Nuremberg precedents in re impeachment; or whether you are, by your inaction, agreeing that foreign fighters may lawfully retaliate against you under the principle of reciprocity. This President and Congress have assented to war crimes and summary executions without trial or evidence. The same is permitted under the laws of war against Congressional staff counsel. Once adjudicated with war crimes and lawfully executed, you will not have the chance to enjoy a pardon. Then, it will be self-evident, that you are not allowed to practice law.

Do your job under your attorney standards of conduct, and maybe others might consider then when reviewing your competence to stand trial for war crimes.

* * *

Ref Rove's C: Drive information for his e-mails

Ref The e-mails show Gonzalez can't keep his story straight because he is lying, has engaged in criminal activity, and has recklessly violated his oath of office. He is a war criminal complicit with grave breaches of Geneva. He needs to be adjudicated for war crimes and lawfully executed. There are not mitigations.