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DOJ OLC FOIA: Ask About Inadequate DOJ Resolution of "Leading Question"-Problem
We've previously discussed a sample FOIA request related to "leading questions" and POW interrogations.
This suggested FOIA request relates to inadequate DOJ OLC staff resolution of these legal issues. DOJ OLC staff counsel are alleged to have not adequately resolved the legal issues, questions, or problems related to "leading questions".
Once the issue of "leading question" was raised as an alleged war crimes issue within the US government, you may request through FOIA data from the DOJ JCON database related to post-decisional, non-protected DOJ Staff counsel discussions. Your FOIA request should broadly seek all emails, discussions, notes, and other commentary from DOJ Staff counsel after the decision was made to authorize alleged war crimes; and the DOJ Staff counsel discussion on the now-known failure to adequately resolve concerns about "leading questions" and subsequent alleged illegal uses of that information under the laws of war.
Inadequate Staff Counsel Consideration
Members of Congress on the Intelligence Committees are encouraged to discuss why the data related to "leading questions" is contained within one set of data set, but not another. The two data sets should match.
Data Set 1 relates to the JCON data. Data Set 2 relates to the NSA intercepts. The two should reconcile. Members of Congress should explain why they have not reviewed the discrepancy. The answers related to issues of Geneva and the laws of war.
Members of Congress should also explain why some data within the data sets is released, but other data sets remain classified on issues of alleged war crimes.Congress has not adequately, publicly reviewed this problem, as it should under the laws of war.
President's Legal Advisers: Privilege Trumped By Fraud-Crime Exception
DOJ OLC staff counsel is alleged to have known about, not adequately addressed, and failed to resolve questions about leading questions and POW interrogations. Leading questions, for purposes of gaining intelligence is one thing; it is a separte issue when those leading questions generate unreliable information used to commit other alleged Presidentially-approved war crimes out of "necessity".
Leading questions are not news. The question is why its taken this long for the DOJ OLC, Members of Congress, and outside legal counsel to discuss publicly the known failure to adequately manage this problem. That failure is the subject of additional public discussion, oversight, fair commentary, especially as it relates to the laws of war.
Any effort to suppress discussion of these alleged war crimes could be construed as a separate offense under the laws of war. "Leading questions" have been known problems to the staff counsel for the House and Senate Judiciary, Intelligence, and Armed Services Committees. They have allegedly failed to adequately resolve these concerns, despite the war crimes implications. Members of Congress and staff counsel must explain why they are assenting to alleged illegal agreements to remain gagged on these alleged issues of war crimes and problems with information gleaned through leading questions.
Inadequate Public Senate Review
This does not advocate violence, but raises the question of what DOJ OLC and Members of Congress have permitted. and not timely confronted, as required under the laws of war. Until these war crimes issues are confronted and resolved, American citizens are at risk, through exceptions in the Geneva Conventions, of attacks from foreign powers. This is unacceptable. The Presidential candidates from the Senate must now confront these Geneva issues.











Comments (1)
WARNING!!! WARNING!!! WARNING!!!
All beware the poster of this blog is a known spammer on TPM that throws unsubstantiated allegations on the news blogs that link to his unsubstantiated rants on this blog.
If you chose to leave a comment on his blog that does not agree with his conspiracy driven dribble, the blogger will in turn attack you. He has a history of flaming people throughout the TPM site.
He rants that anyone that disagrees with him is somehow connected to the DOJ, attempting to spread misinformation since the poster does not agree with him, attempts to connect the poster to another poster in a means of discrediting him/her, or attempts to claim the commenter is violating TPM policy for posting a divergent point of view.
While there may be some truth in the posting, it is only surely a result of pure accident on his part if there is so. Testing simply posts things he does not know about and then says because no one has stopped to explain the topic to him and the ins and outs, there must be a conspiracy.
Proceed at your own risk.
May 13, 2008 8:09 AM | Reply | Permalink
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