Reply #24: CREW: Monday is the day for Senate vote of "No Confidence" in AG Gonzales = 8 June 2007 [View All]

[L. Coyote]

Monday is the day for Senate vote of "No Confidence" in Attorney General Gonzales
Submitted by crew on 8 June 2007 - 5:24pm. Alberto Gonzales US Attorneys
http://www.citizensforethics.org/node/28744

Monday will be a big day in the Senate for the troubled Attorney General. The Democratic leadership is going to bring the "no confidence" resolution to the floor:

The Senate will take a procedural vote Monday afternoon that Democrats will call a "no confidence" vote on Attorney General Alberto Gonzales. The vote essentially determines whether the Senate can take up and debate the resolution offered by Sen. Chuck Schumer (D) that simply states Gonzales, "no longer holds the confidence of the Senate and the American people"

This vote, called "the motion to proceed," requires 60 to pass.

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COMMENT:

Beware
Submitted by Anonymous on 9 June 2007 - 4:08pm.
http://www.citizensforethics.org/node/28744#comment-6184

No confidence vote on Gonzalez: It will be a litmus test to see where Members of Congress stand, sit, or refuse to assert their oath. Legislative action may not necessarily be protected when it is evidence members of Congress have not fully asserted their oath, 5 USC 3331.

One Step To Accountability

I'm reluctant to "applaud" Congress -- or the Senate through a no confidence vote on Gonzalez -- for doing what it took an oath to do: Defend the Constitution without any mental reservation. Their applause came November 2006; to date, they've not demonstrated they take their oath seriously. No celebration, but prosecution.

There are several ways for Members of Congress to defend this Constitution, each has been rejected, and more evidence of 5 USC 3331 violations:

# A. Impeachment;
# B. Prosecution of a sitting President ;
# C. Responding to state proclamations for impeachment ;
# D. Enforcing 5 USC 3331 violations against their peers, VP, and President for violating their oath; and
# E. Forwarding information on Title 28 and Title 50 exception reports, which the President and AG have not filed, documenting their decision not to enforce the law, or report to Congress decisions not to fully comply with the statutes, as required.

The evidence of inaction, malfeasance, and recklessness not just by this President, VP, AG, and Members of Congress is overwhelming. Normally, we would have -- with this level of illegal conduct -- have had an impeachment. Because of the unfavorable weather, Congress has refused to do what it took an oath to do: Enforce the law.

American citizens in the wake of these abuses have been told -- not asked -- to believe the fiction that Congressional inaction on impeachment is the final word. This is a grave, fatal error.

Americans are not stuck with a destroyed Constitution, nor a reckless Congress, nor a decision to accept this President. Rather, the reality is the opposite: We still have a Constitution; inaction is not a problem, but evidence; and there are other options to prosecute this sitting President and Vice President.

However, the legal community appears to have gotten things as equally wrong as the White House has done in Iraq: Poor assumptions, invalid plans, and a failure to face reality. The legal community in America does not enjoy immunity to accountability. They can be prosecuted, disbarred, and -- if so adjudicated for war crimes by a lawful tribunal -- executed, as was done at Nuremberg.

Impeach Or Prosecute

America's legal community does attend conferences, conducts Continuing Legal Education (CLE), and if the weather is favorable communicates with their peers in the ABA practice area, going so far as to celebrate their involvement with the ABA as evidence of their reputation, standing, and competence. Sadly, America's citizens have been told -- not asked -- to embrace the fiction that once someone is a lawyer they are immune to oversight, questions, or commentary. Wrong answer.

The District of Columbia Attorney Disciplinary Rules -- as meaningless as they might be, as evidenced by the lack of visible, public enforcement of the DC Bar rules -- clearly states that attorneys hall resign and remove themselves from illegal activity when their clients3 are using the lawyers advice and expertise to advance unlawful objectives. Lawyers cannot permit their presence to support in any way illegal activity. (See DC Bar Rule 1.6, 1.16 on mandatory withdrawals.)

Against this backdrop, the American legal community -- when confronted with the grave war crimes, illegal FISA violations, prisoner abuse, illegal surveillance, unlawful interrogations, grave breaches of Geneva, Constitutional violations, and other illegal activity -- has sought fit to pretend nothing can be done. They are wrong. Congress has no power to prevent any attorney from enforcing 5 USC 3331 violations; nor blocking any attorney from filing a complaint against their peers in the law profession.

CREW, in part, stands for "responsibly for ethics in Washington," and is not isolated to a profession, career, but a physical location: The nation's capital. Ethics implies an adherence not just to government standards of conduct, but to the important legal principles and standards of the DC Bar. Where the DC Bar has apparently recklessly not enforced its standards of conduct because of the passing winds, it is incumbent upon CREW -- as a group of citizens -- to look at the options on the table to defend this Constitution.

Failure To Remove Oneself From Illegal Activity

This Congress and legal community has not asserted its oath, nor has it fully exercised all options to defend this Constitution from the domestic enemies in the White House, Congress, Department of Justice, and the DC Bar:

# A. Prosecutions of a Sitting President. This option has bee been rejected, not asserted, and not implemented; and the lack of action is, in the face of well known discussion of this option, admissible evidence of malfeasance and 5 USC 3331 violations.

# B. Impeachment, responses to State Proclamations calling for impeachment. Congress refuses to keep impeachment ton the table; and has actively thwarted state efforts to pass proclamations, in accordance with House Rule 603, permitting state legislators to forward proclamations calling for the House to investigate, and if warranted impeach the VP and President.

# C. War Crimes indictments. Contrary to the assumption that hat the German war crimes prosecutor would lead where Congress and American lawyers/courts have shown recklessness, the German courts deferred to the United States asserting that nothing is stopping US courts from adjudicating these matters. Sadly, the German prosecutors did not look through the rain of confusion in the legal community, nor comprehend the malfeasance of the legal community on issues of prosecution, impeachment, and state proclamations. All legal counsel have an Article 82 duty under Geneva to ensure the laws of war are enforced, not explained away with inaction as this Congerss and legal community have recklessly done.

# E. DC Bar Ethics Investigations. The DC Bar is arguably reckless in not taking the public information related to Gonzalez, and linking it swiftly with the evidence of war crimes, prisoner abuse, FISA violations, and timely disbar DOJ, DoD, and WH counsel.

# F. Title 28 and Title 50 Exception Reports Despite mounting evidence Congress did not receive reports -- as required -- in writing from the AG and President that they would not enforce the law, Congress is silent.

# G. Oath of Office Enforcement, 5 USC 3331. Given the above inaction and evidence of having not fully asserted ones oath, is not being litigated.

Inaction, Malfeasance As 5 USC 3331 Evidence

As you can see from the above, there are many options to defend this Constitution. Yet, the lawyers and legal community leadership have -- for whatever reason, perhaps because of the pitter patter of rain drops -- been asleep since 2001, and somewhat twitched their eyes thinking today might be a good day to create another excuse for their inaction. More evidence of not having fully done their jobs, 5 USC 3331.

The options on the table able are simple: Either do your job, assert your oath, and defend this Constitution; or you will be prosecuted. Members of Congress freely took an oath with the other leaders in the US government to do exactly the opposite of what they are doing: Defend this Constitution from the domestic enemies.

Even then-Senator John Ashcroft as Senator eloquently discussed the two main options to enforce the law against a sitting President: Either the President is impeached; or the President is prosecuted outside impeachment. Those are Ashcroft's words, sentiments, and clear policy which the Bush Administration well knew before pushing for Ashcroft's confirmation by the GOP. Bluntly, the GOP endorsed the two prong approach which Ashcroft advocated: Where impeachment was not timely being used, prosecutions remain on the table.

Yet, the fiction being peddled by the American Congress is that once Congress takes impeachment "off" the table, that there is no option. Wrong again. Prosecutions remain on the table, regardless what table Congress pretends it is sitting. We make no comment whether that table is before the Constitution, in the jailer's cell, or at the foot of a noose, in the wake of a lawful execution order.

Today, we are being asked to evaluate whether the Senate "idea" of "possibly" "voting not to have confidence" in Gonzalez is a good idea. This Congress must be joking. Impeachment remains an option which this Congress refuses to assert; this Senate and DNC leaders have collectively worked to thwart state proclamations; and they've taken no action to visibly forward evidence of 5 USC 3331 violations to ensure this Constitution is defended. This Congress voted to rubber stamp more appropriations for an illegal war; it is hardly of any significance that a rubber stamping-DNC-GOP-combined-poodle-Congress is going to tip the scales when it issues a vote of no confidence against Gonzalez.

The only thing which will inspire any attention in the DOJ Staff counsel, White House political office, VP, EOP, or the President's office is one thing: The prospect of jail time without possibility of pardon. Ken Lay and his cronies at Enron refused to stop their abuses until they self-destructed; the same has happened, and continues to occur with this President and his cronies.

It is arrogant for this Congress to believe that if they choose to take impeachment off the table, that nothing will be done. No, this decision about our future has been made, and is not up to the voters in 2008. The issue is now, and what this Congress will or will not do to choose between the Constitution and this President. The two are not in the same corner. Similarly, the job of the legal community, and the legal leadership in the ABA is to decide whether it will or will not enforce 5 USC 3331 indictments against their peers; and work with State officials to enforce and defend the Constitution from their peers in the DC bar who have arguably failed.

Going forward, all citizens are reminded of one thing: Your Constitution remains a real document, it has not been destroyed, and it is safe. The illusion that it has been "destroyed" is meaningless: Those who assert this are making excuses to assent to a fiction -- excuses to not defend this Constitution, as required by the oath. This Constitution remains the Supreme Law, to which the legal community in the DC Bar have a legal obligation to defend, even against their peers.

Unlawful Assent To Illegal Use of Legal Services For Unlawful Purposes

Yet, as we've seen with the GOP, the DC Bar apparently has a loyalty not to the Constitution, but to their personal relationships, and common agreement to do nothing. The illusion is that a decision of Congress to do nothing is a final decision. No, the other option is to force the legal community to explain why it has not -- as required under their oath -- to fully assert their obligations and defend the Constitution with prosecutions of a sitting President, VP, and Attorney General. The Senate has no power to block any prosecutions; rather, any assertion that prosecutions should "wait" is more evidence of recklessness: The lawyers and Congrats are pointing at each other arguing, "We have to wait for . . ."

War Crimes: No Statute of Limitations, No Deadline

No. The American voters told you the waiting was over. ON the table are 5 USC 3331 indictments against Members of Congress, and legal counsel who have recklessly defied their oath; blocked impeachment efforts; and decided not to prosecute those who are threats to this Constitution. Delays until 2008 is not a "strategy" but Evidence of 5 USC 3331 violations.

On the table are two main options to defend this Constitution -- one is legislative through impeachment, which the Senate has no power; and the second is through prosecutions, a judicial tool to target, and, if warranted, impose the death penalty on those who have been complicity with war crimes. There is no statute of limitations for war crimes; and "waiting" until 2008 to do something isn't relevant: The war crimes issues will still be on the table, regardless the voting date.

The American public numbers 300 Million. The legal community is less than 1Million; Congress is 535. Here's a hint for Congress and the legal community -- you are outnumbered. We the People continue to gather evidence of your 5 USC 3331 violations; and your delays are not inspiring, but evidence. It remains to be understood how your decision to "wait around" until 2008 will or will not be seen as evidence of 5 USC 3331 violations.

The two options before We the People are not options that only Congress, the legal community, or government officials can control. Rather, We the People may gather evidence of 5 USC 3331 violations; and elect to state levels of government those who will enforce and defend the US Constitution, even bringing indictments against Members of Congress and their peers in the legal community.

The short answer for Gonzalez and the Senate: You remain targets of 5 USC 3331 violations; and in 2007, this many years after impeachment has not been exercised, you are not the targets of war crimes indictments related to allegations that you have failed to enforce the Geneva Conventions. Impeachment is an option which you have refused to assert; and state proclamations are options which you have openly rebuffed. Your inaction is evidence of war crimes, recklessness, and 5 USC 3331 violations.

Jail Time As Catalyst For Legal Counsel To Honor Oath

State Grand Juries may also hear evidence of Federal Crimes. The DC Bar well knows that an empanelled grand Jury at the state level -- when it hears evidence of federal crimes -- that evidence is considered admitted; and all other courts must accept that State Grand Jury's finding of facts. Congress has a job to do: Defend the Constitution. Congress is communicating, with the legal community, that it is not a reliable partner in asserting its 5 USC 3331 oath of office, or defending this Constitution.

We the People have options. The issue is not waiting until 2008, but finding the leadership at the state level that will issue indictments, prosecute Members of Congress, disbar counsel, and litigate the legal issues against the VP and President. Congress has no lawful power to deny, thwart, or obstruct lawful efforts to enforce 5 USC 3331 against legal counsel, Members of Congress, and the VP or President by state officials.

War Crimes Indictments Against Members of Congress, Legal Counsel

The issue is not whether the President can escape impeachment or convince Congress to do nothing ;but the opposite: Given the decision not to impeach in a timely manner, there is no excuse for the legal community and others to have not fully exercised the second prong: State Prosecutions of this VP and President. The legal community has an explanation due to the public, and this does not come in the form of rebukes, but in an answer: Why should the public believe you should not also be indicted -- all of you -- for failing to assert your oath, defending this Constitution, and fully assert 5 USC 3331? There is stunning silence.

It appears the legal community knows fully well it has a problem; and that the DC Bar has no real response other than more excuses. Yet, the oath of office, not the excuses, is the measure by which We the People through grand juries indict the lawyers, Members of Congress, this President, and the Vice President.

It is time for the Congress to awaken. On the table is this Constitution, the option to impeach, 5 USC 3331, and state proclamations that have been thwarted. Also, is the option to prosecute under Geneva Members of Congress and the legal community who have refused to fully assert their oath and enforce the Geneva Conventions. The issue is not a voting decision, or politics, but whether the Congress an and legal community will awaken to reality: When impeachment is not used, prosecutions must be used; when the oath of office is not asserted, then that is a secondary cause of action though the eh judicial system to lawfully target lawyers, Members of Congress, and other government officials.

We the People took a vote on November 2006. We voted for change: Leadership to enforce the law, not make excuses. This Congress is giving us excuses. A vote in the senate that it has "no confidence" in Gonzalez is meaningless: It may be a litmus test, but We the People have seen enough tests: State proclamations have been blocked, we see no impeachment, and prosecutions have not occurred. The test was 1776. We the People won. The test results were codified in 1789; and Members of Congress took an oath to defend the test results. This oath of office was taken freely, without any mental reservation, and with the promise to God that they would use all lawful options to defend this Constitution.

This Congress and this legal community have failed. There is chance for correction: They can put impeachment on the table, start investigations, prosecute their peers in the legal profession, and ensure there is no more additional effort to block state officials from fully defending this Constitution. The way forward is for the Congress and legal community to decide whether they will assent to the Constitution, or make excuses. Prosecutions of this Sitting President, VP, Legal community, and Members of Congress are on the table; along with indictments for war crimes, FISA violations, illegal warrants, and other breaches of Geneva.

Time for the Congress an and legal community to wake up: We the People have the power -- all 300 Million of us -- to drat a New Constitution outside the amendment process, and ram it down your throat. It's been written, and you will not be happy with the increased oversight, diluted power, and less defence given to Congress and the legal community. You have squandered your public standing, not asserted your oaths, let this Constitution fall into disrepair, and told -- not asked -- the public to put up with your wreckage. Wrong.

Lawfully Confront Legal Community, Congress

Time to remind the Congress and legal community:

# 1. Your 5 USC 3331 oath office is a legal requirement to do the opposite of what you are doing -- nothing;
# 2. Impeachment cannot be taken off the table; inaction on impeachment is evidence of 5 USC 3331 violations;
# 3. Regardless the impeachment decision of Congress, prosecutions are a second option which can be used when impeachment is not timely asserted; and
# 4. The DC Bar needs to be publicly reviewed to get a clear story why they have not reviewed the evidence, and brought their evidence to the public and Grand Juries/US Attorneys on issues of 1.16/1.6/5 USC 3331 issues as they related to illegal activity which WH counsel has not timely withdrawn.

If there are no impeachments and no prosecutions of this AG, legal community, President, or VP, then the Congress and legal community have given the world clear evidence that the US leadership and legal community are not taking their oaths of office seriously; not interested in using all options to enforce Geneva or the Constitution; and are not willing to assert their power through prosecutions when the political leadership refuses to impeach.

Attorney Prosecutions On The Table

It is a serious matter when the national leadership and legal community communicates they will not enforce treaties using their own system of laws. Other nations have two options: To use judicial power to impose discipline; or to take this dispute to the battlefield. Indeed, the US Congress and legal community, despite well demonstrating in Iraq that they will not comply with either nor perform well, have no hope of prevailing either in court nor on the battlefield. We see no evidence that any lawyers has a "master plan" to lead American combat forces to create a magical buffer around them to insulate them from war crimes indictments, combat losses, or reciprocated violations of Geneva directed at US legal counsel and Members of Congress. But, despite no track record of competence in either the legal or combat forums, on the Congress and legal community trudge pretending nothing will happen.

Small problem: We the People; 5 USC 3331, the oath of office; no statute of limitations for war crimes against lawyers and Members of Congress; and the expansive power of the grand jury to issue subpoenas against Members of Congress and lawyers to support indictments for oath of office violations, war crimes, and reckless malfeasance.

There is one Constitution. The rule of law shall prevail. The issue for the legal community and Members of Congress to decide is which side of the table they want to e on: With We the People and the Constitution; or with the illegalities and the President.

The lawyers and Members of Congress have illegally chosen to join the President on the wrong side of the table. We the People in 1789 told you where to sit. It is time for the legal community and Congress to get up from their wrong position, join we the People, and prosecute this Attorney General. 5 USC 3331 violations attach to legal counsel who sit at the wrong side of the able, especially wen they well know DC Bar Rules mandating a withdrawal.

It is a grave error for the Congress and legal community to have jointly chosen to recklessly ignore their oath of office, not impeach, block state efforts, and not prosecute. There is no evidence the Constitution is gone; there is plenty of evidence Members of Congress and the DC Bar could be facing 5 USC 3331 issues in re war crimes indictments. The error was for the Congress and legal community to believe they could "wait around" for something to happen. Wrong answer. The waiting ended in 1776, and the answer was what you took an oath to defend, but have recklessly ignored: The agreement between We the People: This Constitution.

If you do not impeach or prosecute this AG, then that inaction becomes additional evidence for your 5 USC 3331 indictment. You have no option but to assert your oath fully, and keep all options on the table. We the People shall compel you to assent to the rule of law: Either trough this Constitution, or through a New Constitution. You have no choice: This Constitution remains the Supreme law,and you shall protect it, or become legal targets for grand jury indictments, 5 USC 3331. These are issues of war crimes, malfeasance, and decision by the Congress and legal community to collectively not assert their oath to defend this Constitution with impeachment and prosecutions of a sitting President, VP, and AG.

Bad choices, faulty legal analysis, and additional evidence of recklessness by the American legal community. You are outnumbered, and remain on the wrong side of the table. Time to get up, join We the People as we broaden this public investigation of recklessness by Members of Congress and the legal community. Go ahead and have a "vote of no confidence against Gonzalez"=- additional evidence you are not asserting 5 USC 3331, not using all lawful options to prosecute, and not timely asserting all powers to defend this Constitution through impeachment.

War crimes indictments in re 5 USC 3331 against Members of Congress and American lawyers are on the table. There is no statue of limitations for war crimes. WE the People were betrayed in the wake of the November 2006 election; we're not going to "wait around" for the next one. The investigation continues, broadens, and will continue for eternity until this Congress and legal community assent to this Constitution. You have no choice, and you freely choose to ignore your oath.

Beware.