TPMM points to a DOJ AG refusal to comply with a Congressional subpoena from the House Committee on Government Oversight. The subpoena from Waxman's committee narrowly relates to Valarie Wilson.

The House Judiciary Committee issued a more expansive subpoena, including Wilson and the abusive prosecution in re Wecht. We expect the DOJ AG to similarly illegally and unconstitutionally refuse to respond to the subpoena in re Wecht.

The DoD emails establish an illegal consolidation of power under the President, and contradict Hamilton's intention in Federalist 23. Hamilton intended for the United States government as a whole, not just the President, to assert centralized power as a solution to the defects of the Articles of Confederation:.

The Attorney General and DOJ OLC legal counsel have unconstitutionally and illegally perverted Hamilton's Federalist 23. Their decision to refuse to cooperate with the United States government is illegal. The AG's order not to provide information is not enforceable and contrary to the intent of Hamilton. All DOJ Staff counsel who obey this illegal DOJ AG order could be prosecuted under the laws of war with complicity with war crimes.  All DOJ OLC legal memoranda "legalizing" this obstruction are not enforceable, nor lawful controlling legal authority. They are illegal memoranda.

Hamilton wrote the power should be consolidated at the Federal level, not the states, and did not -- as the Federalists in DOJ OLC claim -- assign power only to the President:

Hamilton: "The authorities essential to the common defense are these:
to raise armies; to build and equip fleets; to prescribe rules for the
government of both; to direct their operations; to provide for their support.
These powers ought to exist without limitation."

Hamilton never intended for any power to only be delegated to the President. He broadly wanted all power consolidated in a central government, with rules governing combat activities jointly promulgated and enforced by Congress, the President, and the Judiciary. The President, contrary to the DOJ AG's delusions, is not the government (text added).

Hamilton: "The authorities essential to the common defense are these:
to raise armies; to build and equip fleets (NSA); to prescribe rules for the
government of both (FISA, Geneva, UCMJ); to direct their operations (FISA); to provide for their support.
These powers (delegated to the Federal government, not narrowly to the President) ought to exist without limitation"

The President has no power to violate the law, ignore FISA or Geneva, nor wage illegal warfare. It is illegal to hide evidence of witness retaliation against Ambassador Wilson or Valarie Wilson. It is not lawful for anyone working indirectly for the United States government to pretend jury tampering in re Wecht is lawful or permitted.

Read Federalist 23 and you will see the Attorney General is complicit with war crimes; a failure to enforce the laws of  war; and witness retaliation for FISA violations, and POW abuse. Hamilton intended for the laws to be enforced. This duty rests with the Members of Congress, the AG, and all US government officials.

This directly related to the Grand Jury reviewing the US Attorney firings. Gonzalez's attorney, George J. Terwilliger III, is the author of the perverse interpretation of the Constitution. The NYT reports Terwilliger concluded:

[T]he constitutional rules normally limiting a president's exercise of
his powers do not apply in the conduct of ''external affairs''

Hamilton, if he were alive, would be outraged at Mukasey, this President, and Terwilliger. The Supreme Court rejected this assertion, saying all use of power must be appropriate.

There is no legal foundation for Gonzalez defense on this absurd legal theory. Terwilliger did not expressly reject any possibility Gonzalez is under a Grand Jury review, only implying Gonzalez was not (yet) connected with any criminal investigation. Grand juries review evidence. FBI agents (normally) only conduct criminal investigations, unless they are illegally tampering with jury members.

The public needs to review Federalist 23. A plain reading of Hamilton's intent will show you that Mukasey has no legal standing to defy this subpoena. His job is to assist Congress in enforcing the laws of war, ensuring witnesses and jury members are not retaliated against, and to assist Congress in enforcing Geneva and FISA. A refusal of this Attorney General to fully cooperate with Hamilton's intent in Federalist 23 may be construed as evidence of his complicity with violations of the laws of war and breaches of the Supreme law.