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Reply #104: MORE: Prepare Back Up Plan When Congress Fails To Defend Constitution [View All]

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-26-07 08:52 PM
Response to Reply #103
104. MORE: Prepare Back Up Plan When Congress Fails To Defend Constitution
http://www.citizensforethics.org/node/29232#comment-870...

Prepare Back Up Plan When Congress Fails To Defend Constitution
Submitted by Anonymous on 2 July 2007 - 12:37pm.

State AGs Can Prosecute A Sitting President And Members of Congress

There is little to believe Leahy's threats will amount to much. I would encourage the public to assume the Congress will bungle this. In light of the apparent continued GOP control of the Senate -- their ability to block resolutions, which the DNC failed to do in re MCA/Patriot Act, etc -- I have little confidence Congressional "threats" to do anything will amount to much.

Congress Cannot Stop We the People

The answer is not with Congress: It is with We the People. Congress may choose not to issue contempt citations; and may bungle an impeachment. However, there is nothing stopping other options: State Attorney Generals -- any of the 50 -- from prosecuting a sitting President outside impeachment.

Congress Cannot Defy Defenders of Constitution

We've heard many excuses why things will not change -- despite the November 2006 voter mandate for change; and indeed the corruption may continue. Rather than throw up our hands and say, "We can't do anything," assume the opposite: There are people working with the State AGs to enforce the law against this President.

Congress On Wrong Side of Law

DoJ OPR and the US Attys may be blocked at the federal level, but this does not stop the States from defending the Constitution against the President. Rather, where Members of Congress are individually reckless in not fully asserting all options to defend the Constitution, they could be prosecuted for 5 USC 3331 violations of their oath of office.

Congress Has No Power To Thwart Grand Juries

State Grand juries can making findings of fact which Federal District Courts generally accept. The Federal Judiciary may be corrupted, and the DOJ Staff counsel may be influencing the US attys not to enforce Geneva; but this does not mean all 300 Million of US can be forced to assent to this lawlessness.

Congress has no power to compel anyone to assent to this abuse of power; even if congress cannot agree, their lack of action is not precedent nor a mandate for We the People not to take lawful action outside Congress.

Prosecuting the President, Members of Congress

Please encourage your friends to discuss with your State AGs the option of prosecuting a sitting President outside impeachment. Members of Congress can also be prosecuted for failing to fully assert all lawful options to defend the Constitution.

Congress May Not Assent To Unconstitutional Conduct

If the legal community and Members of Congress will not join the Constitution and defending it for We the People, it is reasonable to make an adverse inference: Members of Congress have recklessly defied their oath; and are on the wrong side of the law. We the People and the Constitution are on one side of the line; this President is on the other. Members of Congress and the legal community appear to be signalling that they would rather remain silent, and not fully join We the People.

We the People May Assert Our Power to Check Congress

Then Members of Congress, the President, and the US government officials -- backed by the reckless US legal community and outside council -- have made the wrong choice. Time to call them what they are: Domestic enemies of the US Constitution. Where they refuse to impeach, they may be lawfully prosecuted.

Requested Action

Share this information with your friends. Congress may promise something, but they are not delivering. One Party Controls Congress. The DNC could block budgets and refuse to rubber stamp. They have poorly chosen.

We the People must provide the leadership this reckless DNC and GOP have refused to exercise. Please contact your State AG and remind them of their oath; and the possibility that if they refuse to defend the constitution they too could be prosecuted and disbarred. Time for Americans to choose which side of the the line they want to stand. Standing with the President is the incorrect choice.
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