Ordinarily, the President, as Commander In Chief, and his Executive
Branch, could not be held legally responsible for the death of US
soldiers on the battlefield.
But if congressional, military and
monetary support for the Iraq war was procured through a fraudulent
criminal conspiracy, the Bush syndicate will have no protection from
prosecution in state courts --
out of jurisdictional reach of the
President's pardon power -- which is limited by the Constitution to
federal crimes against the United States.
Fitzgerald's
court filings
appear to have zeroed in on, not just the leak
fact pattern, but the Niger document fraud as well.
This is massive....the greatest criminal conspiracy in American history:
The fraudulent case to
bring our country to war that took the life of 2000 soldiers and lined
the pockets of Bush's "base". Fact.
The Carlyle Group is in the business of war. No war, no billion $
contracts, ch ching ching ching.
[Attention Frank Carlucci, or should we call you "the architect." Rome
is a beautiful city. Carlucci, Ledeen and Armitage. Sounds like a law
firm or a" consulting group"? I digress...not really.]
In
a previous article,
we discussed a possible
exception where Presidential pardons for crimes against the "United
States" might be voided. [Again, the President's pardon power does
not extend to state court
convictions.] Unfortunately, this exception depends on the House
impeaching followed by convictions in the Senate.
It's not impossible that
Congress will do the right thing, considering...
- The body bags mount up as the blood of our soldiers mixes in the
streets of Baghdad with innocent Iraqi citizens.
-Delay is in trial.
-Frist is being investigated by the SEC.
-AIPAC Espionage Indictments Are Ongoing.
The climate is ripe. And after Fitzgerald's category 9 indictment
hurricane, our elected officials might actually be forced
to do the right thing. We can only hope and pray it is so.
But even if the House and Senate lock down impeachment conviction and
removal from office, the SCOTUS review is anybody's guess.
So let's not kid ourselves, the Presidential pardon power is not easy
to nullify.
Still, despair not, justice has many faces.
The Presidential pardon power does not extend to criminal convictions
in state courts.
Those are limited to "federal" crimes against the United States. The
trick then, is to bring the TreasonGate offenders into state courts and
convict them out of reach of the crony freedom factor pardon machine
(...being tuned up as we speak).
I've been screaming for convictions under ****18 USC 793 and 794, the
Espionage Act. But violations of the Espionage Act are not the only
crimes that have been committed.
Justin Raimondo of
Antiwar.com
discussed other
laws Fitzgerald should be looking into:
There are plenty of violations of
federal law to be found around the Niger uranium forgeries, and I
expect Fitzgerald has found most if not all of them by now. When the
president made his 2003 State of the Union address, and referred to
Iraq's efforts to procure uranium in "an African country," the source
of his allegation was a cache of documents that had been turned over
to the American embassy in Rome under mysterious circumstances...
Whoever forged these documents and
introduced them into the American intelligence stream is guilty of
violating
[18
USC 1001]:
"Whoever, in any matter within the
jurisdiction of the executive, legislative, or judicial branch of
the Government of the United States, knowingly and willfully- (1)
falsifies, conceals, or covers up by any trick, scheme, or device a
material fact; (2) makes any materially false, fictitious, or
fraudulent statement or representation; or (3) makes or uses any
false writing or document knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry; shall be fined
under this title or imprisoned not more than 5 years, or both."
And this law,
"If two or
more persons conspire either to commit any offense against the
United States, or to defraud the United States, or any agency
thereof in any manner or for any purpose, and one or more of such
persons do any act to effect the object of the conspiracy, each
shall be fined under this title or imprisoned not more than five
years, or both."[18
USC 371]
The only problem I have with Raimondo's analysis is that it shouldn't
be limited to whoever forged the Niger documents.
The laws quoted above also cover Government officials who knew the
documents were fake but represented the evidence contained in the
forgeries as being legitimate which thereby caused Congress to approve
the war resolution and appropriations for the Iraq war.
We don't yet know who created the fraudulent Niger documents, but we
do know that
Fitzgerald has been briefed
on
this issue by Italian authorities.
The laws cited above make it clear that both the
"creation" and "use" of these
documents was a felony.
The "cover up" of the documents' fraudulent nature was also a felony.
Fraudulent statements about the veracity of the documents would also
be a felony, i.e. Bush relying on them in his State of the Union
address (the famous 16 words); and let's not forget Powell's reliance
upon them at the UN as well as Condi's mushroom cloud speech.
If proved that government officials knew the documents
were fraudulent then their criminal actions relating to such knowledge
must be prosecuted.
It's undisputed that the Niger documents are frauds. But the truly
wicked aspect of this tragedy, as it pertains to our legal analysis,
is that the documents are BLATANTLY bogus.
BLATANTLY BOGUS....blatantly bogus bogi bogushevits bogusly bogus.
BLATANT TO the extreme so bogus they are laughably bogus so fake they
are comically fake so bad they are OBVIOUSLY fake so FAKE they are
obviously bogus. Did I mention that the Niger documents are utterly
and completely bogus?
You understand...
The Nuralcubicle Blog
has an interesting run down on the history of the documents:
"One letter,
dated October 10, 2000 [The article's editor at La Repubblica
identifies this as the "memorandum of understanding" between Niger and
Iraq] was signed with the name of Allele Habibou, a [Niger] Minister
of Foreign Affairs and Cooperation, who had been out of office since
1989. Another letter [Editor's note: dated 27 July 2000][...] had
[...] a text with inaccuracies so egregious [...] that 'they could be
spotted by someone using Google on the Internet."
And this from
The Cat Bird Seat
"How were the
forgeries missed?...
[T]he discovery
raises questions such as why the apparent forgeries were given to
inspectors and why U.S. and British intelligence agents did not
recognize that they were not authentic.
Sources said
that one of the documents was a letter discussing the uranium deal
supposedly signed by Niger President Tandja Mamadou. The sources
described the signature as "childlike" and said that it clearly was
not Mamadou's.
Another,
written on paper from a 1980s military government in Niger, bears the
date of October 2000 and the signature of a man who by then had not
been foreign minister of Niger in 14 years, sources said."
The
New Yorker Magazine
quotes
a CIA official who said, "Everybody knew at every step of the way that
they were false-until they got to the Pentagon, where they were
believed."
The Pentagon didn't believe any such thing. Nor did they ever believe
that al Qaeda was truly in cahoots with Saddam. Lies...
- No real Niger documents.
- No money trail showing a yellow cake deal.
- No deal between Iraq and Niger.
- No connection between Iraq and al Qaeda.
- No WMD in Iraq.
2000 soldiers dead.
2000 soldiers never coming back.
Probably more than 100,000 Iraqi's are dead. Children have been
slaughtered, their hands blown off, their parents exploding in front
of them, toddlers eyes gauged out by shrapnel. We've all seen the
pictures.
Am I being overly dramatic? I don't think so. The 16 words and Condi's
mushroom cloud were over dramatic. The bloody drama on the ground in
Iraq really happened. The
B-grade horror movie Bush screened for us about WMD was a lie...
- a criminal fraud under 18 USC 1001
- a criminal conspiracy to commit fraud under 18 USC 371.
The Felony Murder Rule.
FUTURE STATE COURT CONVICTIONS OF THE
BUSH CABAL FOR MURDER OF US SOLDIERS UNDER THE FELONY MURDER RULE
CANNOT BE PARDONED BY THE PRESIDENT.
The President's pardon authority is only applicable to crimes against
the United States, not state court convictions. State Governors can
pardon state convictions, but it's not as likely to happen...
especially in blue states.
From Wikipedia:
The felony murder rule...
is a legal doctrine according to which anyone who commits, or is found
to be involved in, a serious crime (a felony), during which any person
dies, is guilty of murder. This applies even if one does not personally
or directly cause the person's death. For example, a getaway driver
for an armed robbery can be convicted of murder if one of the robbers
killed someone -- or got killed in some jurisdictions -- in the
process of the robbery, even though the driver was not present at and
did not expect the killing. In jurisdictions that also have the death
penalty, felony murder usually qualifies as a capital crime...
To "qualify"
for the felony murder rule, the felony must present a foreseeable
danger to life, and the link between the underlying felony and the
death must not be too remote. If the receiver of a forged check has a
fatal allergic reaction to the ink, most courts will not hold the
defendant guilty of murder.
There are two
schools of thought concerning whose actions can cause the defendant to
be guilty of felony murder. Jurisdictions that hold to the "agency
theory" admit only deaths caused by the agents of the crime.
Jurisdictions that use the "proximate cause theory" include any death,
even if caused by a bystander or the police, provided that it would
not have occurred but for the felony.
Apply the felony murder rule to the Niger forgeries:
The Bush administration makes a premeditated decision to fix the
intelligence around the policy to scam war support from:
- the American people
- elected representatives
- the military
Congress votes to approve the war resolution and appropriations are
granted to fund the war, all based on a fraudulent pack of lies.
Over 2000 soldiers are now dead.
The Niger documents have no credibility whatsoever and nobody in our
intelligence divisions, State Department or the Pentagon ever really
believed these were real.
How could they? They can read. The documents are a sick horrific joke.
Under 18 USC 1001 and 18 USC 371, the Bush administration is guilty of
fraud and conspiracy to deceive the country, military and elected
representatives into supporting the war with money and manpower.
Each of the 50 states has lost men and women because of this fraud.
Many of those states use the "proximate cause theory" of the felony
murder rule. Under the Niger fraud fact pattern, Bush administration
officials who fraudulently made the case for war in Iraq had the
direct intention of putting soldiers in peril knowing many would be
killed in battle.
If they are guilty of felony fraud and conspiracy, district attorneys
in those states which follow the "proximate cause theory" of the
"felony murder rule" could indict those Bush administration officials
who are guilty of violating 18 USC 1001 and 371 for the deaths of
soldiers who were residents in each respective state.
Furthermore, each soldier's death is a different crime
and no double jeopardy would apply from state to state because each
death is a separate felony murder. If the neocons are found not guilty
in one state, that does not stop any other state from bringing a
separate indictment for the loss of their own residents.
STATE CRIMINAL JURISDICTION?
Since the murders did not occur in any of the states, for a state
court to have authority to prosecute Bush administration officials,
each state would have to show that they have "State Criminal
Jurisdiction" over the defendants. The controlling Supreme Court
precedent for establishing "State Criminal Jurisdiction" is
STRASSHEIM v. DAILY, 221 U.S.
280 (1911).
The following
Michigan Bar Association publication
discusses Oliver Wendell Holmes' decisive opinion in that case:
THE DETRIMENTAL EFFECTS TEST
In 1911,
Justice Oliver Wendell Holmes wrote the opinion for the Supreme Court
in Strassheim v Daily, a case that arose in Michigan and is still
cited today as authority for the proposition that a state may exercise
criminal jurisdiction over acts committed outside the territorial
boundaries of a state. In Strassheim, the Supreme Court stated:
"[A]cts done
outside a jurisdiction, but intended to produce and producing
detrimental effects within it, justify a state in punishing the cause
of the harm as if he had been present at the effect, if the state
should succeed in getting him within its power."
To satisfy the
minimum requirements for an exercise of criminal jurisdiction over
out-of-state conduct, there must be (1) an act occurring outside the
state, which is (2) intended to produce detrimental effects within the
state, and (3) is the cause of detrimental effects within the state.
Unlike the jurisdictional analysis in civil cases, the "minimum
contacts" analysis does not apply when determining criminal
jurisdiction. In criminal cases, the analysis focuses on the intent of
the defendant and the effects within the forum state.
Under the Iraq war fact pattern, "the act" was the fraudulent use of
fake intelligence by a conspiracy of neocons to "trick" Congress into
approving the war resolution and providing appropriations for the war.
"The act" also caused thousands of patriotic young men and women to
enlist in the military to protect their country.
"The act" was "intended" to produce the "detrimental effect" of taking
soldiers form the states they were residing in and putting them on a
battlefield in Iraq. Can you think of a more detrimental effect? The
"fraud" to bring the country to war was "the cause of the detrimental
effect".
"But for" the fraudulent intelligence conspiracy, the
funds and other approval of our elected representatives would not have
been granted. No money, no war, no deaths in Iraq. It's really a very
simple analysis.
Many people are sitting in prison for convictions under the felony
murder rule. It's not obscure. And being a rich white collar criminal
neocon fascist millionaire hawk does not protect you from prosecution
as far as the law is concerned.
Soldiers are dead from every state in the union.
The intelligence used to get them into Iraq, in this case the Niger
documents and various ancillary intelligence, was clearly bogus, so
bogus that anyone reading this and having no experience with WMD Intel
knows beyond any doubt, not just that the Niger documents were bogus,
but why they were bogus.
Our Pentagon, State Department and White House was duped?
Tell it to Fitz. Tell it to the jury. Get the f**k out of here. This
is just insulting.
The officials in Niger who had the power to make the deal with Iraq
were not the signatories to the fake memorandum. There was no money
trail, and Niger didn't have the goods to begin with,
"it had all been pre-sold to Niger's
Japanese and European consortium partners."
This wasn't
incompetence, it was malicious fraud.
We have 50 jurisdictions. We
have 50 shots at justice. We can't let these crimes go unpunished or
they will happen again.
2000 soldiers are dead. 2000
felony murders. 2000 trials in the states of this nation.
Presidential pardons are not
available to convictions attained in these states.
Indictments under 18 USC 371,
and 1001 are just as important (perhaps more so) as indictments under
the Espionage Act because those indictments will lay the groundwork
for state court "felony murder" prosecutions.
Pardons of the underlying
federal felonies will not shield the perps from prosecution in the
state courts.
Before you start to believe
****'s gone off the deep side here, I suggest you review the
provisions of the Patriot Act which allow for prosecutions and the
death penalty for those found guilty of nebulous forms of terrorism
even though the so called "terrorists" don't intend to kill or even
hurt anyone.
This was clipped from the
ACLU Web Site:
Even more
troubling, the draft bill is not content to create fifteen new death
penalties, but also contains language that sweeps in any violation of
state or federal law that is committed under the definition of
domestic or international terrorism contained in 18 U.S.C. § 2331. As
a result, activities that (1) involve "acts dangerous to human life,"
(2) are a violation of any state or federal law, and (3) are committed
in order to influence government or the population by intimidation or
coercion become death-penalty eligible if death results. Arguably,
this definition could fit some protest activities, such as those used
by Operation Rescue, People for the Ethical Treatment of Animals, or
Greenpeace. For example:
* If protesters
at Vieques Island, Puerto Rico, a military bombing range unpopular
with local residents, cut a fence to trespass on the military's
bombing range, and a bomb killed one of the demonstrators, a
prosecutor could charge the survivors with an eligible crime for which
the sentence could be death.
* If Greenpeace activists attempted to block an oil tanker entering a
port to protest the company's safety record, and a member of the
tanker's crew drowned attempting to ward off the activists' boat, the
protesters could be charged with a crime for which the sentence could
be death...
Under this
provision, protesters could be charged with the death penalty as the
result of a tragedy.
For every draconian repression
these bastards have installed to make us more docile, there exists an
equal and opposite opportunity to use their stuff against them.
It's very encouraging to see the
Espionage Act take precedence over the IIPA in both the main stream
media and blogospehere, and the fourth estate now seems up to speed on
the plenary authority Fitzgerald wields over t-gate offenses.
Our next chore is to bring the
felony murder rule to the attention of the blogosphere. This is best
done by comparing it to the provisions of the Patriot Act which are
cited above. It will be very hard for the neocons to attack this
theory of prosecution since the relevant provisions of their precious
Patriot Act were inherited directly from the felony murder rule
concept.
There are 50 states.
50 shots at justice.
2000 felony murders.
Spread the law.
COMING SOON
Analysis of Joe Wilson's
statements and actions leading up to his July 2003 Op Ed piece. When
put under the microscope, Wilson's actions are suspect.
AND THIS...
Analysis of the coming Bush 41 influenced take over to "cleanse" 43's
administration.
As selected members of the military industrial complex come in to faux
"scold" the neocons and replace them, don't be fooled (...by Scowcroft
and Poppy).
It's fall now (i.e., time for some
to take the fall.) And they turn (on each other) together because
they're roots are connected.
They're playing to a script. We'll get you ready for the final act.
http://citizenspook.blogspot.com/
The Controlling Law - Big Trouble
For The White House Staff
The Controlling Law, Part 2: THE DEATH PENALTY, 18 USC 794
and the shift from GWOT to GSAVE
Total Media BLACK OUT of 18 USC 794, Federal Espionage Statute
How The White House, Wilson, Novak,
Corn & Plame Conspired
The Federal Grand Jury, FOURTH BRANCH
of the US Government
The US Attorney General's Office AND President Bush
Have NO
LEGAL AUTHORITY To Remove Patrick Fitzgerald As Special Counsel
The Challenge of 18 USC 794...
Prior High Profile Convictions Under 18 USC 794
US Court of Appeals: Special Counsel's Showing Decides
The Case
Iraq War fraud could lead to State court prosecutions for murder of
American soldiers
NIGER DOCUMENT FRAUD --Wilson and Plame May Be on
Fitzgerald's Radar for Treason Related to the Niger Document Conspiracy
Wilson Is In Cahoots With Bush Crime Family
Project Perfect Storm:
Citizen Activism against Felony Murder Resulting
from Fraud that Led to the Iraq War
July 18th Chicago Subway/Dirksen Federal Courthouse
Bomb plot
involving British MI6 assets -Part 1:Chicago Police Implicated in Cover
up?
July 18 Chicago Subway/Dirksen Federal Courthouse
Plot
Involving British MI6-Part 2: CTA Officials Deny Chicago Police Accounts
The world gets crazier and crazier everyday, doesn't it? The world that many
of us thought was there, isn't. The bottom has dropped out of everything. The
illusions have been revealed, we have found out who has been pulling the strings
behind the scenes. Millions have lost their jobs, have mortgage
problems, credit card issues, credit repair problems and
foreclosure. What can be
done? Amazingly, we have been mislead. We have been taught that we can control
government by voting. The founder of the Rothschild dynasty, Mayer Amschel
Bauer, told the secret of controlling the government of a nation over 200 years
ago. He said, "Permit
me to issue and control the money of a nation and I care not who makes its
laws." Get
the picture? Your freedom hinges first on the nation's banks and money system.
It's all about 'commerce'. Freedom is connected with Debt Elimination for
each individual. Not only does this end
personal debt, it places the people first in line
as creditors to the National Debt ahead of the banks. They don't wish for
you to know this. It has to do with recognizing WHO you really are in A
New Beginning: A Practical Course in Miracles, an informational study. Is
your credit rating bad for reasons that seem out of your control? There are
ways of credit repair,
so you can men those broken fences too. Do you want to keep your children protected
from outside forces, there are ways of protecting
your children. Do you want
to keep your sons and daughters free from 'the draft'? Check this out.
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