Part I: The DOJ OLC Threat To America

The Department of Justice Staff and legal counsel are threats to the US Constitution. The Attorney General has no plans to enforce the laws of war.

DOJ OLC legal memoranda “legalized” war crimes. The laws of war permit other nations to engage in like abuses against Americans.

This Attorney General is reckless. Under a McCain Presidency, the Attorney General is expected to continue the Bush Administration’s polices of attacking American civilians.

The Bush Administration failed to defend America before 9-11. Their failure has turned into an excuse for the American government to target, intrude upon, and harass American civilian.

DOJ OLC legal memoranda “Permitted” illegal war crimes against POWs. The Geneva Conventions permit other nations to engage in like violations. These are called reciprocal and/or retaliatory acts.

When American contractors, military personnel, CIA, and other agents engage in war crimes, normally Geneva does not permit retaliatory acts against civilians. However, the reckless DOJ OLC legal memoranda have removed that safeguard.

On accusation alone, this President and Department of Justice have “legalized” attacks on foreigners, labeled “unlawful combatants.” Any American civilian could be similarly labeled as an “unlawful combatant” and detained without charges, no access to evidence, and no opportunity for a fair trial.

Reckless DOJ OLC legal memoranda have put American civilian lives in jeopardy. DOJ OLC is not aligned with American values or the civilian population, much less the Constitution, Supreme Law, or Geneva. The only reasonable, appropriate label to correctly characterize DOJ OLC is, “Domestic enemy.”

Reckless DOJ Staff Counsel

The Department of Justice refuses to cooperate with oversight and enforcement of Geneva against staff counsel and US government officials. The DOJ OLC memoranda are evidence of illegal war crimes planning.

Legal counsel, when they draft unlawful memoranda, can be attached to all war crimes which rely on those unlawful memoranda.

It is reckless for the Attorney General to suggest, imply, or overtly leave the impression that he has no plans to fully enforce the Geneva Conventions, especially against Americans who followed reckless, frivolous DOJ OLC legal memoranda “legalizing” war crimes.

There is no distinction between the DOJ Staff and this AG from that of the abuses the Nazis condoned. The difference is narrowly on the scope of the abuse, not the reckless, frivolous legal arguments DOJ OLC legal counsel and the Attorney General continues to rely to justify war crimes, prisoner abuse, and refusals to enforce the laws of war.

President McCain has non plan to change the Attorney General, the DOJ OLC legal memoranda, or the Bush Administration’s policy of waging illegal war crimes. The plan going forward is to continue with what is illegal, and attempt to block others from enforcing the laws of war.

American citizens’ lives have been put at risk. President McCain and Attorney General Mukasey are expected to continue to rely on reckless, defective, frivolous legal arguments to block war crimes prosecutions. Other nations, seeing this reckless disregard for Nuremberg precedents may lawfully, under the laws of war, engage in like retaliation against similarly situated prisoners.

These DOJ OLC legal memoranda have “legalized” calling anyone an “unlawful combatant.” Other nations may also do the same against Americans.

This DOJ OLC refuses to remove itself from these war crimes. In the name of fighting one war, they have exposed all American to like retaliation and reciprocal violations. Any American, on accusation alone, could be detained as an “unlawful combatant” for their refusal to not remove themselves from or secure evidence of these war crimes.

Limited US Government Authority

The American government has no power to compel any American to continue supporting these war crimes, a McCain Presidential policy that would expand war crimes, or any Department of Justice effort to block enforcement of the laws of war.

Americans should openly discuss now, in Mary 2008, the plan for the States to lawfully confront the reckless DOJ AG and President McCain on these continuing war crimes policies, plans, and programs. The States were intended to have sovereignty to safeguard their States’ citizen’s rights. The Constitution was supposed to have been an improvement over the Articles of Confederation, and end the bickering between the states.

President McCain, AG Mukasey, and this DOJ Staff are expected to turn the intent of the Constitution on its head, and exploit their positions to ensure the States argue, and do not joint as one to confront this reckless DOJ Staff.

Congress is equally reckless in refusing in May 2008 to not start an impeachment investigation. The only way President McCain or others can credibly argue they are for new solutions is if he, as a Senator, demonstrates leadership in the Senate, to find facts, outline his plan as a Senator, and begin leading in the Senate his plan as a Senator to solve these problems.

The American public has been rightly disappointed with the Bush Administrations’ reckless assault on the Constitution. However, President McCain and AG Mukasey have not visibly distanced themselves from the reckless DOJ OLC legal memoranda or this President’s illegal warfare.

The public in May 2008 needs to do all it can to effectively require Senator McCain to outline specific plans he has to confront the evidence and war crimes in the Senate. Until Senator McCain leads in the Senate to confront reality, he as President is in no position to argue he’s going to lead America. Americans need to see fact finding in the Senate first, and then we might have a discussion about President McCain’s leadership in the White House.

Senator McCain is not responding to war crimes issues because DOJ OLC and the Attorney General have a reckless policy to misdirect Americans from the ongoing war crimes defense. The Department of Justice is engaging in pre-litigation media relations. The goal is to segregate issues, dissuade public oversight, suppress evidence, and cloud memories. These could be subsequent offenses under the laws of war against the Attorney General, DOJ Staff, and White House.

The public needs to discuss how it will continue to work with their State-level attorney disciplinary boards to gather evidence about reckless DOJ Staff counsel conduct, and gather evidence of DOJ Staff counsel war crimes.

Broadening War Crimes Investigation Against DOJ OLC

The DOJ Staff counsels are now alleged war criminals. This is an ongoing investigation. Al American citizens must decide whether you are going to do nothing, side with President McCain, or are going to lawfully confront the DOJ Staff counsel and AG Mukasey. You have three options. Regardless what you choose, you will be outnumbered.

This nation under President McCain could be subjected to broadened military attacks, permissible under the laws of war. Senator McCain should now explain his plan as a Senator to start now investigations into these war crimes. He has refused. That refusal is other evidenced the public should consider when reviewing allegations of war crimes against President Bush and President McCain.

As domestic enemies of the Constitution, this note does not advocate any violence of illegal activity against specific DOJ Staff counsel. Any illegal activity or violence could be severely punished. All war crimes defendants are presumed innocent until proven guilty. Any attempts to intimidate the DOJ Staff counsel using illegal methods could be a subsequent offense under the laws of war.

Peaceful, Lawful Action

All civilians are reminded you are not to take up arms, nor engage in any military actions against the DOJ Staff. Any military action you take, especially that is not authorized, will strip you of all Geneva protections you have as a protected civilian. It would be reckless, in the name of enforcing Geneva, for civilians to engage in illegal activity and deny you as civilians the Geneva protections you are fighting to uphold.

Geneva provides an important tool for American civilians. When governments, like the United States under the Bush Administration, engage in illegal warfare, other nations may lawfully engage in reciprocal acts of violence against military targets. This does not mean that foreign attack son the Untied States are supportable or warranted. Rather, it means as long as the President and AG Mukasey support illegal activity and war crimes, no American should rush to the defense of war criminals.

All Americans are encouraged to consider the defense Hitler compelled of Germans as the Nazi empire was crumbling, and the Allied forces were closing in on Berlin. Germans who rushed to the defense of the Nazi Leaders were, in some cases, accused of war crimes and hunted for the rest of their lives.

This reckless DOJ Staff, even as it loses court cases and land battles, still refuses to surrender. Despite failing to win on either the civilized forum of court, or the battlefield, the DOJ OLC refuses to fully distance itself, nor realign itself with Geneva. That is not an acceptable position. New leadership means new directions. President McCain and AG Mukasey are implicitly arguing that all Americans, despite this reckless leadership in court and in battle, continue to trust the same DOJ OLC legal counsel that provided the original reckless legal advice.

The Constitution has not gone away. What has momentarily departed is the sense that something can be done. There are plenty of options. All Americans are encouraged to openly discuss the following options. These should be discussed now in May 2008 to prepare for the McCain President and AG Mukasey’s plan to continue with illegal warfare, no prosecutions, and reckless disregard for the Supreme Law and Geneva.

The AG and Department of Justice are subject to State-level supervision. They, as attorneys, are licensed to practice law by state-level entities. For engaging in alleged war crimes and illegal activity, the AG and other DOJ Staff can be targeted with war crimes investigations at the State level, and they may be subject to disciplinary proceedings for disbarment and subsequent prosecution at the State level.

State Attorney Generals have the duty, responsibility, and legal right to prosecute a sitting President, AG, and Staff counsel. American citizens have the obligation in May 2008 to work with your friends, gather evidence, and present your findings to you State Attorney Disciplinary Boards and State AG to prosecute, where appropriate, the DOJ Staff counsel assigned to your state attorney bar. A State Bar is not the same as a State Attorney Disciplinary Board. The two are different creatures.

Better Oversight Of Reckless Legal Counsel

The American legal community has recklessly abdicated leadership. The lawyers, who Americans were asked to trust, have betrayed American values, and cannot be trusted to put their obligations to the US Constitution and American citizens’ rights to their loyalty to blocking enforcement of the laws of war and this President. They have made the wrong choice.

All Americans should treat lawyers with respect. But when those lawyers recklessly ignore the laws of war, refuse to assert their oath, and fail to meet the marginal levels of competency expected in the wake of Nuremberg, the American public has a reasonable basis to find new leadership, demand effective oversight of legal counsel, and design a system that will not permit this reckless abuse by DOJ Staff counsel to go unchecked.

Rather than confront the vast expanse of criminal activity, this lazy, reckless Congress under the misguided leadership of Speaker Pelosi has refused to open the door to an investigation of that activity, much less keep the impeachment option on the table. That is reckless. Nuremberg establishes that civilized nations much either impeach or prosecution. It’s meaningless for the House to point to the Senate’s rubber stamp of Mukasey, see no change, but refuse to investigate these war crimes and impeachable offenses.

It is May 2008. The public has heard excuses since 2001 under the GOP why nothing can be done. Yet, despite the GOP losing control of the Senate, the GOP is still compelling the Senate to block DOJ IG from getting jurisdiction to independently investigate the DOJ OLC staff for their alleged complicity with war crimes. How the GOP was able to do this, but the DNC since 2001 did not, is a separate, but equally important issue. The DNC since 2001 has no excuse for there not to have been a forceful confrontation with this President’s war crimes.

Constitutional Reforms

The public has a reasonable basis to revisit the lessons of the Articles of Confederation, examine what the Anti-Federalists discussed when they raised concerns about the US Constitution, and separately, outside the halls of Congress, independently discuss what needs to be done. This scope of war crimes and recklessness by the US government, DOJ OLC legal counsel, and Executive and Legislative branches is beyond explanation, reason, or defense.

The time has come for the American public to discuss with their state legislators what must be done to remind the AG Mukasey and this President of their legal obligations to enforce the laws of war against DOJ OLC legal counsel. Those state legislators who refuse to discuss this issue, much less confront the war crimes, need to be confronted between now and the November elections, and then every day after.

No American should underestimate the power of the Department of Justice. It has recklessly ordered in secret the deaths of innocent civilians, rendered them for abuse, and has approved war crimes against innocent civilians. At the same time, this makes our jobs easy: The evidence if easy to capture, retain, and document.

Safeguarding Evidence

Your job will be to independently work to secure war crimes evidence. Anything the DOJ OLC staff does, says, or fails to do is alleged war crimes evidence: How they are or are not spending their time; who they are talking to; and what actions they are or are not taking.

Anything the DOJ OLC has said is “permissible” against Americans – short over overt, illegal acts of violence – can be lawfully done against the DOJ OLC. The DOJ OLC should have the burden of defense and explanation. Where American citizens have been denied access to legal counsel, the DOJ OLC should be confronted, and not given timely access to independent advice.

Where the DOJ OLC counsel has said it is “lawful” for them and others to confront American citizens, question them, or intrude into their private affairs, that same standard must be applied across the board to the DOJ OLC staff. This means monitoring the times they leave their homes, which BMW maintenance shops they are using, and the dates that they plan to travel to their reunions. On the table is a public effort to monitor, closely watch, and lawfully gather any and all evidence that will prosecute any DOJ Staffer with anything remotely linking them to war crimes.

The evidence is easy to get, especially when the public citizens in May 2008 outnumber the DOJ Staff and can easily monitor them. Anything -- what they say, who they talk to, the color of their hair, which hand they hold their pen -- is subject to discovery, examination, recording, and dissemination. When they make a noise, look in any direction, or comment in any way, that action is subject to public scrutiny, examination, question, and documentation.

As an alleged domestic enemy of the US Constitution and Geneva Conventions, the DOJ Staff may face the full, lawful, non-violent monitoring by the American public. The DOJ Staff in illegally condoning, not removing itself, and continuing to associate with alleged war criminals has well satisfied the reasonable public concern that they bear closely watching, scrutiny, and examination.

You are not being advised to engage in any illegal harassment. Do not follow the DOJ Staff. Rather, work with your friends to independently monitor the routes, travel times, and associates. If they touch anything including a cup at a coffee shop, or touch a newspaper, secure that information, and safeguard it.

The public information needs to include who they are talking to, which types of cell phones they are using, the time that they are near their offices, and when they exit or leave the office. This information has one objective: To give war crimes prosecutors the information they need to piece together the information, discussions, and conversations DOJ Staff since 2001, and under a McCain Presidency, have engaged to continue blocking enforcement of the laws of war.

War crimes prosecutors will need addresses, phone numbers, faxes, emails, bank accounts, cell phone companies, personal associates, hobbies, and other identifying information about the DOJ OLC legal counsel. If they have personal laptops, or special carrying cases, you may be able to obtain photographs. Safeguard these. Assume your efforts to monitor them will be challenged. You are not alone, and they are outnumbered.

If they walk with a limp, or hold their coffee in their right hand, someone will want to know that. If they have glasses and a special friend who helps adjust their contact lenses, someone want so know. Everything about them is potential war crimes evidence. Notice it, record it if you can, and safeguard this information. If they complain about something, speak, or spit on the ground, someone will want to know. Notice it. If someone challenges you for noticing something, that could be illegal witness intimidation on an issue of war crimes. If they say you cannot do something, make them prove it. Tell them you need to see their supervisor. Require them to provide you the policy or guidance in writing that says what they are saying. They are liars and do regularly engage in deception in violation of the attorney standards of conduct.

The DOJ Staff has impermissibly confronted the laws of war, the US Constitution, and the American public. The DOJ Staff shall be treated as the domestic enemy. They are immune to violence, and may not be subject to any Geneva violations. However, should be prosecuted for war crimes, they may, if convicted by a competent tribunal, face the death penalty. That is the option on the table which this DOJ Staff counsel well know they may face.

DOJ Unresponsive To War Crimes Prosecutions

These are dangerous, reckless people. They are not to be trusted. They bear close scrutiny. They do use their legal training to confuse, misdirect, and change the subject. The problem is them, and they have no credible legal defense. The burden they have is before the war crimes tribunal. Our job as American citizens is to daily remind them they have chosen the wrong profession, they have confronted the wrong legal system, and they have chosen the wrong civilian population to confront.

Their reckless legal memoranda opens the door to any American, under reciprocal attacks, to be similarly detained without charges, labeled an unlawful combatant, and abused in violation of Geneva. The DOJ OLC staff has done this to American citizens -- civilians, not military personnel. That is reckless and inexcusable. They have left us with the mess they created, and they have no plans to help us. Their only goal is to defend themselves, and block war crimes investigations.

This reckless DOJ Staff has put themselves before American citizens. They are not serving Americans. They are opening the door to more attacks. It is between US or them. American citizens must put the Constitution and ourselves before the reckless DOJ Staff that has no inclination under this AG or President McCain to fully assert its oath of office.

What you can do

Share with your friends the problem this reckless DOJ OLC staff has created.

Remind your friends that the Founders did not intend for legal counsel to be above the law

Discuss with your friends the principle of reciprocity and retaliation, permitting other nations (whether we like it or not) to engage in like abuses under Geneva

Show your friends the DOJ OLC legal memoranda that has given a green light to abusing POWs in violation of Geneva

Remind your friends of the DOJ OLC legal memoranda, because they open the door to war crimes for some, and war crimes against American citizens

Contact your state attorney disciplinary board, and discuss with them the legal obligations of attorneys to conduct peer reviews, report peer misconduct, and gather evidence of war crimes

Remind your4u friends that legal counsel have refused to fully and independently govern themselves, and they cannot be trusted to fully put the oath of office first, nor in removing themselves from war crimes

Work with your friends to discuss with your State AG’s staff the problems facing the country, and ask what your State AG's plan is to prosecute a sitting President, Members of Congress, or DOJ OLC staff member for violations of Geneva and US Constitution

Share with your friends your findings about what your State AG and the State AG candidates plan to do. If they have no answers, then share with them your answers. If they will not listen, document that refusal to cooperate with efforts enforce Geneva, and let others know: You have someone who is not serous about their oath of office, US treaty obligations, or enforcing the laws of war. Arguably, that person is not fit for office, and could be prosecuted for subsequent alleged efforts to not fully enforce the laws of war, as Nuremberg established is a required of civilian leadership.

Discuss with your friends the Nuremberg precedents. Remind your friends that civilian legal counsel, government lawyers, and judicial officers were prosecuted because they refused to enforce the laws of war.

Discuss with your friends House Rules 603, the effort to get state legislators to pass proclamations calling on Congress to impeach. Your State legislature needs to hear form you. Those proclamations need to be continued.

Discuss with your friends the effort to remove Pelosi as speaker. Your job is to remind your friends and Members of Congress that if the Membership will not confront the Speaker, and demand that there be an impeachment investigation, then the DNC needs to find new leadership. Be open to working with the GOP to find a GOP-DNC-amicable Speaker who will work to gather evidence in the House, and start impeachment efforts against the President, VP, and AG Mukasey, and DOJ OLC staff counsel.

Remind your friends that the House and Senate are two different chambers. Senate Precedents do not bind the House. The House may impeach anyone, even someone who has left government. The Senate may have refused to conduct a trial on one former US government officials, but this does not obligate the House to not investigate, or block impeachment proceedings against former US government officials. Once anyone is subject to impeachment proceedings, even someone who left the US government, the Constitution says that person may not be pardoned for offenses against the Untied States.

Remind your friends about the Rendition war crimes efforts in Italy. The Italian prosecute is still gathering evidence to enforce the laws of war. There are international arrest warrants for US government officials, agents, and contractors. If you have evidence, remember the CIA officials are working with the EU to discuss rendition and how the US government did violate the laws of war.

Review the issues of state secrets and classification. The US government may not lawfully classified evidence of illegal activity or other war crimes. That is evidence. The Nazis had no legal foundation in attempting to hide at Nuremberg any evidence about the Holocaust. Nuremberg does not recognize any US government effort to classify evidence of war crimes.

Remember who you are up against: The Department of Justice, armed with guns, they have the will and demonstrated capability to violate your rights without warrants, and they do kill people. They are connected with illegal detentions, prisoner abuse, and war crimes against civilians. They are reckless people, and refuse to be civilized. Their barbarity does not oblige any American to be complicit with that illegal activity.

Prepare for McCain to be President and for AG Mukasey and this DOJ Staff to continue the reckless programs of deception, abuse, illegal surveillance, war crimes, and refusals to enforce the laws of war.

Prepare for Congress still refusing to impeach, and working with your friends to secure evidence of Members of Congress decision to not fully enforce the laws of war.

Review 5 USC 3331, the state statute that outlines the legal obligations of Members of Congress. This oath is slightly different than judicial officers, but Nuremberg is still part of the Supreme Law as are the Geneva Conventions as a Treaty obligations. DOJ OLC cannot claim that they are confused about Geneva when Nuremberg was a trial American lawyers conducted. American lawyers are lying to you about the “confusion of the law” to act as a defense. That is arguably frivolous.

Your job as a civilian is to recognize the position this reckless DOJ OLC staff has created for themselves. We are not required to cooperate with them. They have a heavy burden to justify any support. All Americans should treat the DOJ OLC staff as alleged war criminals, and domestic enemies. They are not your friends. They have one goal: To block enforcement of the laws of war against them, and pretend the problem is you. The problem is the reckless DOJ OLC legal counsel. They are incompetent, and fully support war crimes and a McCain Administration which will protect Mukasey and them from any responsibility for their recklessness.

Part II: The Needed US Government Reforms

The current Constitution, as defective as it might be, remains the Supreme Law of the Land. Some may have given reasons to ignore it. IT would not be prudent for anyone advocating for strengthening of the Constitution to contradict themselves, and argue for defiance of that Supreme Law. This is the paradox the DOJ Staff find themselves.

Our job is to accept the reckless mess the DOJ OLC staff created as what it is: Their mess. Our job is to ensure we are not subjected to this abuse.

One option is to support legislative reform. However, the Watergate reforms included FISA, which this President ignored and the Congress has not enforced. It might be reasonable to put aside an exclusive legislative remedy, and think more broadly.

Another approach is to do what the Framers did after the Articles of Confederation proved to be unworkable. Then, the Framers departed from their mandate of reform, and started over. That is an option.

A third approach may be a dramatic restructuring of the Constitution, outside the Amendment process, but would transfer power, and re-delegate functions to more responsive actors.

A fourth approach is to independently do wall three of the above, and explore the results.

Regardless what we do, the Supreme Law remains the Constitution. No one has any legal authority to abandon it. It remains binding on all of us, even those who believe it is no longer workable.

Summary of the Problems

Broadly speaking since Watergate, the US government’s problem has been the failure to retain records; and the refusal of Constitutional actors to fully assert power to enforce the law. It matters less why they are doing this than accepting that even with the known possible penalty of death for war crimes, that possible consequence seemed lost on these actors. They can’t be trusted to respond to possible threats of death; the only check appears to be one that would deny them power.

Data needs to be retained. The President has ignored the National Archivist, and the Congress has not aggressively ensured the Archivist has the resources and support to effectively safeguard information.

A solution to this problem is to make all government records – in all three branches – public records, and stored in a secure, independent location. These records would be sealed, unless someone filed a motion with the court, and the government entity that created that data, responded as with the FOIA process. What would change would be removing the control of that data from the branch of government, and make it public property, safeguarded. Think of a castle. The people doing the work are in the fields, but the best defense is inside the castle. US government workers would be like vassals tending to their daily paperwork; while the secure data would be outside their control in a separate, secure location.

There is a problem with the President and Congress not enforcing the law, US Constitution, FISA or the Geneva Conventions: Either by explaining away the requirement as a trifle or ignoring the legal requirements, and refusing to cooperate with efforts to enforce the requirement.

A solution is to separate the enforcement mechanism from Congress and the President, and put this power into a fourth branch. This does not mean that the President and Congress cannot enforce the law; it means even if the President and Congress refuse to enforce the law, there is a fourth branch that has court standing that will enforce the law against the President, Members of Congress, and legal counsel.

This could be something the states organize, and this power would be closer to what the Framers intended: A type of branch that would be immune from the winds of change, and be a solid foundation. The Framers were originally concerned that the ebb and flow of public opinion would harm the Republic. They believed legislators should be experts on the law; and that a government under a Republic would delegate this authority to a central system that would be above passion, and grounded on reason.

Since 2001, we’ve seen the error of this assumption. At best, it’s been the reckless passion of the US government that has failed to manage the war in Afghanistan, and bungled the simple issue of nation building in Louisiana, not to mention Iraq. Today’s problem is less with the passion of the public, but the laziness of the US government actors. There needs to be a Constitutionally recognized predator, something more compelling other than the law or elections, which will inspire some to celebrate their opportunity to fully assert their oath.

Congress has the power to raise an army; and the President, as Commander in Chief is in Charge of those raised forces when called into service. However, the President can be stripped of some power to use all forces; and the States could have the power to keep some forces in reserve to expressly be used – lawfully, by the Constitution – as a credible threat of combat power to check the US government when the US government, as now, refuses to manage forces, will not comply with the laws of war, and refused to enforce the Geneva Conventions.

There cold be independent combat forces unclear exclusive control of Congress or a Fourth Branch that have the independent power to arrest, seized, and detain US government officials, contractors, and legal counsel who are complicit with war crimes. The current US Marshalls and State militias have not been mobilized or used for this reason. The governors have yet to explain why, despite their oath, State resources have not been used to defend the Constitution from these domestic enemies. Lincoln did it in the 1860s, but this option seems lost on the Executives of the Sovereign States. They too have not found much interest in defending the Constitution.

Something needs to be done to ensure independent fact finders like auditors, investigators, and Members of Congress when they visit a combat zone to monitor progress, have the power to independently enter, conduct reviews, and defend themselves. Perhaps, if needed, these security forces should be in significant size and numbers to defend themselves from hostile fire from US forces attempting to block enforcement of the laws of war. Congress should consider developing an impendent combat branch that will support independent fact finding.

Something needs to be done to compel war crimes investigations. Where Nuremberg requires either impeachment or prosecutions of civilized nations, the US government cannot enjoy the security of doing neither. This is not a political issue; it is an issue of international law.

For conversation, the public needs to discuss what will really solve the Nixon-era abuses, especially when we find the US government, in secret working with legal counsel, ignore the legislative reforms; and ignore the Constitutional requirements of checks and balances. Impeachment may be an option which the Congress chooses to not exercise, but this does not obligate anyone to believe that a refusal to investigate and gather facts related to those war crimes is defensible.

Power can be stripped from the central government and delegated to the States to compel action. Members of Congress are not exclusively Federal-level creatures; they are state citizens. One option is to delegate to the States rule-making power to oversee the House and compel investigations, or work in concert to remove Members of Congress from other jurisdictions. At worst, a needed Member of Congress could be scapegoated, and driven out of town by States manipulated to support a witch hunt. But that’s what the US congress and President have made the norm. Formalizing that process and recognizing the State AG power to prosecute a sitting President or Member of Congress hardly seems like a novel idea, but a welcome relief. Perhaps we have some adult supervision.

Regardless the solutions discussed or finally adopted, the public needs to consider the recklessness of the DOJ Staff counsel in the appropriate light: This is not an isolated problem, but a pattern which needs a remedy. Until there is a remedy or restructuring of power. The abuses will continue, and the DOJ OLC legal memoranda will continue to e used to justify war crimes, POW abuse, and attacks on American rights. We were told to believe the leadership; that in secret they could be trusted. They betrayed our trust. Our job is to make that betrayal, going forward, irrelevant as a problem for the public, and one that is a problem for those not meeting their legal obligations. The days of DOJ OLC creating a mess and expecting others to clean it up must end,. DOJ OLC is the mess. They refuse to monitor themselves. They have brought this on themselves.

Until the DOJ OLC legal staff is confronted and challenged with war rimes investigations and indictments before an independent judiciary, the public should reasonably expect other nations to engage in like violations to check the DOJ OLC. Where the DOJ OLC says it is permissible for civilians to be detained as “unlawful combatants,” the public should expect other nations to detain US citizens, without trial, and classify them as unlawful combatants. Until the DOJ OLC legal counsel is confronted, American citizens will likely face abuse at the hands of foreign powers.

DOJ OLC is the domestic enemy. Until they are lawfully confronted, their recklessness is putting the safety and security of all American citizens at risk. This is hardly what the Framers intended when they imagined a more perfect union. A more perfect union would be one where legal counsel knew they had a duty to act, and there were timely consequences for their failure to defend the US Constitution and Supreme Law. This legal crew on a daily basis fails to justify any reasonable belief they are competent. They are domestic enemies of the US Constitution and Supreme Law. Our job is to check their abuse, challenge their illegal activity, and develop new systems of governance that will effectively ensure their abuse of power is never permitted. Until we act, the only check on DOJ OLC legal recklessness appears to be continued, sustained combat losses in Afghanistan and Iraq. The DOJ OLC leadership should explain why it has not taken up arms, and joined the fight in Iraq and Afghanistan. When they enter the combat zone, perhaps they will have a sense of the abuses and outrages American citizens are now at risk of facing.

Expectations of President McCain

The public needs to see Senator McCain logically move from his leadership in the Senate, to a Presidency that will address the legal issues he sees must be resolved. He has not provided the leadership to conduct fact finding on war crimes, or reckless US government action in re FISA violations, illegal warfare, or DOJ OLC legal incompetence and war crimes.

The Senate must, in May 2008, conduct investigations, and lay the framework so President McCain can take those lessons and credibly support needed legislative and Constitutional reforms. His current path is inadequate. He shows no inclination to provide the leadership needed to gather facts, much less develop a coherent Constitutional reform that would ensure this abuse does not happen again.

President McCain in 2009 will not be able to point to anything in the Senate showing he, as a Senator, was interested in facts, nor in laying the groundwork for credible structural reforms needed to oversee the US government, nor modernize the system of checks and balances. Without fact finding, President McCain has no basis to implement any change; without facts, Senator McCain has not change to propose. This seems lost on the voters.

In that spirit, the work of the American people will have to be outside the Federal Government, at the local level, and with the States where we will continue to discuss the needed reforms. The solutions now are less important than openly discussing the war crimes, DOJ OLC legal recklessness, and the failure of the US government to adequately police itself or enforce the Geneva Conventions and FISA.

This President has abused power. Congress shows no inclination of developing a mechanism that will challenge this President. There is no reason to believe President McCain would voluntarily give up any power. He, like Mukasey from the Judicial branch, would assert his interest as President, not as a former-Senator. His loyalty lies with asserting the power of the office, not in restraining the power of those he relies: Legal counsel.

The challenge of DOJ OLC must expand, and cannot wait until we know the outcome of the 2008 election. We’ve learned in the wake of 2006, that even if the DNC were to surprisingly win an election, the leadership does not change despite the promise for reform. President McCain is the most likely President because significant DNC Members are poised to reject either Obama or Clinton, regardless the threat McCain and Mukasey pose to the rule of law.

Our job in May 2008 is to lay the foundation so that in 2009, we can look back and say we did all we could to challenge President McCain, as a Senator, to commit to something he will support as President. We will want to be able to look back on May 2008 as a time when we did confront Senator McCain, and require him to be specific with what he will support as Senator and as President to ensure this abuse of power does not continue.

We need to hear something specific, something other than a vague promise to comply with reforms, but something that will ensure power, abused even in secret, will be checked. This legal crew has fallen down on the job. President McCain should not be expected to break ranks with DOJ OLC; but as a Senator, he should be expected to conduct investigations in the Senate to explore why the DOJ OLC did not independently act to enforce Geneva and the US Constitution.

It’s as if this President has used the US Constitution, Geneva, and Supreme Law as a cook-book to ignore, explain away, then hide evidence of violations. That is the definition of an illegitimate government. Where the Constitution remains binding on all, but the President and US government refuse to respect it, the States need to have the recognized power to challenge that defiance. Yet this Congress and President have delegated themselves power to intrude into private contracts, and change the terms between the telecoms and US citizens. We were told in those contracts that we would be free from illegal searches. The telecoms betrayed our trust. Rather than cooperate with lawful inquiry, the Congress is leading the charge to exercise non-delegated powers, and retroactively change the terms of an agreement between private citizens and private corporations. Youngstown well established the President and Congress must comply with the law, but that legal obligation seems lost on this US government.

Redelegating Powers

One remedy is to strip the abused power, and discuss how that adjustment would or would not duplicate the errors of the Articles of Confederation. Without a change, the US government is poised to continue down the road of fascism of Nazi Germany. Self-corrections failed. It’s 2008, and legal counsel despite Nuremberg are still acting as if Geneva were unclear.

People who are not responsive to a credible threat of a death penalty for being complicit with war crimes are truly horrendous. They cannot be trusted with power. Yet, the American public, despite these horrific abuses of power, would gladly give President McCain more trust which has been abused; and agree that the laws of war do not need to be enforced under AG Mukasey.

Not Obliged To Support American War Crimes

The American public who vote for President McCain, and are ordered to remain complicit with war crimes, cannot object when their peers refuse. No one may oblige Americans to follow any American President or AG who work in concert to defy Geneva, the Supreme Law or Geneva Conventions. As with the 2006 betrayal by the DNC, the American public in may 2008 must work in concert to safeguard this Constitution, and gather evidence of DOJ OLC legal counsel war crimes, and prepare to work with the State AG to prosecute a sitting President and AG for alleged war crimes.

History will not judge any of us kindly when, despite this abuse of power, the American public refused to challenge this abuse of power with state-level legal action. We are not obliged to remain loyal to war criminals. Our only legal obligation is to defend the Constitution from the domestic enemies in the Department of Justice.

The Department of Justice Staff counsel knows well about the JCON data. Our job is to independently safeguard other evidence that war crimes prosecutors will require to successfully litigate and prosecute DOJ Staff for their alleged complicity with, and failure to enforce the laws of war. US Attorneys who know or should know of these war crimes, but refuse to prosecute their peers, could be adjudicated with war crimes, as was done at the Justice Trial.

Our Responsibilities

The existing Constitution must be enforced. DOJ OLC legal counsel need to be challenged why they have not worked with US Attorneys to prosecute the President, Members of Congress, and other legal counsel for these alleged war crimes. It appears the President, DOJ Staff, and Members of Congress have dissuaded some US Attorneys from fully asserting their oath of office.

Our job is to compel the DOJ OLC staff counsel to decide between continued support of war crimes; or surrender. This is not a military confrontation. This is a legal challenge. If DOJ OLC would like to deploy combat forces (again) against American civilians, that will be for DOJ OLC to explain.

Any abuse DOJ OLC said American citizens must endure can be lawfully applied to the DOJ OLC staff. Their burden is to explain why they are immune to intrusive questions, requiring them to explain their travels, associates, objectives, and reasons for refusing to fully demonstrate compliance with all legal obligations. DOJ OLC legal counsel have the obligation to justify why they should be trusted. Their system of justice is one that perpetually keeps Americans on probation, and treats legal counsel and war criminals as higher citizens. Those days must rapidly end.

Our duty is to organize now in May 2008. To lay the foundation for a successful Republic and one that will transition to one that is more legitimate, and less inclined to reward DOJ OLC allegedly complicit with war crimes.

Our responsibility is to show we as civilians, outside government, can show the world community that we can rise to the occasion, exercise self-government, and meet our legal obligations. This government has betrayed our trust. The more reckless it is, the more it emboldens the enemy, and the more distractions this government has from its perpetual incompetence.

Our responsibility means accepting the mess this DOJ OLC crew helped created, and accept what must be done to clean up this mess. It means working with people the DOJ OLC do not like, or refuse to discuss issues with. The DOJ OLC has failed to prevail over an enemy in the only two forums: The court of judicial confrontation; and the court of battle. The only option, other than continued warfare, is for the DOJ OLC to be cast aside, and for new actors to directly discuss issues with those the DOJ OLC has failed to defeat in the legal or combat arenas.

DOJ OLC has created excuses to justify the reckless use of force, but has made no measurable public progress is discussing a resolution with either the American public or the foreign fighters. People living in caves have put DOJ OLC legal counsel to shame. The time for a resolution is at hand, otherwise, the DOJ OLC will use the state of perpetual warfare as a misdirection from their recklessness. DOJ OLC assented to illegal warfare, without an imminent threat. They must be lawfully punished for that complicity.

DOJ OLC’s enemies include war crimes prosecutors, the American public, the Taliban, AlQueda, Hamas, Iran; and the forces of law, order, and accountability. DOJ OLC’s allies include the Congress, the President, Senator McCain, and the Attorney General.

In the middle, are those the public must work to motivate to join in the active defense of the Constitution against the DOJ OLC. These include your neighbors, your local prosecutors, and the State Attorney Generals. Legal counsel are not obliged to blindly follow their peers. Their choice is not between lawyers or the public; but between lawlessness or the US Constitution. Your friends in the legal community must be confronted to choose between the DOJ OLC or the Constitution. Until they choose, they are making excuses not to do what they are legally bound to do: Defend the Constitution. Remind them they must defend, not make excuses. Remind them you know about the Attorney Standards of Conduct, your State Disciplinary Boards, and that you are supporting an ongoing war crimes investigation against American legal counsel.

This is not a confrontation, battle, or legal issue Americans in 1999 might have foreseen. However, we find ourselves where we are: Incapable of applying the lessons of Vietnam; under the perpetual threat of home invasions by law enforcement who care more about pretexts for abuse than in ensuring Americans are safe; and a US government that celebrates war crimes. How we got from 1999 to 2008 is debatable. Until we stand up, and lead, President McCain is poised to take us down the same path. That is impermissible and illegal.

The DOJ OLC staff counsel will not change under President McCain. We might as well start now to collect the evidence needed to confront these domestic enemies in the Department of Justice. They show no inclination to voluntarily surrender. Sadly, it may require something even President McCain is incapable of demonstrating: Civilized leadership, competent fact finding, and credible solutions. The Department of Justice has a very big problem on their hands: Themselves. They are outnumbered both at home, and abroad. The rule of law shall prevail.