Tuesday, January 01, 2008

Sean Penn: "George Tenet, Dick Cheney, Condoleezza Rice and George Bush oughta be in fckin' jail" and the indictment that might put them there!

Democrats must stop trying to run this campaign like Business as usual. Sean Penn and a handful of others have dared to speak out but big corporate media has reduced you and me to numbers.

Our Outrageous Government

The media figure that they can censor the news --as BBC censored Benazir Bhutto --and get away with it. FOX has bet that no matter how angry you get, enough of you will still tune in to their swill to keep Rupert Murdoch in cavier and champagne.

Are there no Federal Judges of courage? A Federal Judge may convene a Grand Jury upon his/her own motion. A Grand Jury has the legal authority to bring criminal charges against George W. Bush --indeed the entire Bush crime syndicate! Are there no judges of conscience?

An indictment of George W. Bush prepared by former Federal Prosecutor Elizabeth de la Varga is finely crafted, authoritative, and damning. It requires a Federal Grand jury to hand down the indictment; and, while Grand Juries may exercise great scope, a Federal Judge is required to convene one. The legal standard to indict is probable cause not --as Gen. Michael Hayden would have it --reasonable suspicion.

Either the evidence is sufficient to show probable cause that the defendant committed the offense, and the grand jurors should indict, or the evidence is insufficient, and the grand jurors should return a "no true bill"-but these are the only choices. The grand jury's role in indicting, in this model, is to conduct a legal review, not to make discretionary enforcement decisions.

Explaining the Constitutional Function of the Federal Grand Jury--

A grand jury investigating the Bush White House would have sweeping powers to define the scope and duration of its own investigation. It would have the power of the subpoena to back it up. A federal grand jury may subpoena any person within the United States and that includes the President himself.

If Bush or Cheney should try to flee the US, the federal grand jury investigating them could order that they be apprehended abroad and returned for trial. Less politely, George W. Bush could be legally kidnapped and held for trial. The "bounty hunters" could even use force if required. Those procedures have been upheld in past SCOTUS decisions. Once a fugitive Bush is back inside US territory, serving him and holding him for trial is not a problem. I believe in law and order. It starts with rounding up the real crooks.

I recommend the following handbook for the would-be activist: Facts About Grand Juries. As for the question of who shall write the indictment, I appeal to readers of this forum. There must surely be someone of the caliber of author Elizabeth De La Vega who could assist a grand jury in the drafting of a comprehensive indictment against Bush and Cheney.

A Federal Grand Jury need not be limited by an overly narrow charge. It could subpoena both Bush and Cheney and compare their stories with other facts in evidence. At the very least, both men would be indicted for obstruction of justice.

What does all this have to do with impeachment, which is, to be precise, a political process? Naturally, all the evidence turned up by Grand Jury could be made available to a committee to impeach. And when Bush and Cheney are removed through impeachment, the criminal indictments will be ready to go.

I can only imagine the firestorm when Bush tries to pardon himself.

Then there is the matter of war crimes. Bush has tried to undo those portions of US Codes which make a capital crime of those violations of Geneva which result in death to the victim. A federal grand jury requires probable cause to indict. There is enough probable cause against George W. Bush to indict him for capital crimes right now.

Impeachment, removal, trial and conviction are absolutely necessary to lance this puss oozing boil. If Congress or the Federal Courts or both fail to act, the sore will only fester. Already, it can be said that our Republic, the Constitution and the protections of the Bill of Rights have not survived the Bush onslaught. As long as Bush remains in office, you have no protections. Even now, you may be "tazed" upon the unreasonable suspicions who people who are clearly unqualified to be trusted with access to weapons of any sort. Tasers can be dangerous; in the hands of an idiot hot dog, they can be deadly. It's time to bring to an end this nation's tragic experiment with the Police State.

It is certain that unless BushCo is brought to account, the Bill of Rights will never be restored. I am not hearing a sense of urgency among Democratic candidates. With the possible exceptions of Dennis Kucinich, John Edwards and Mike Gravel, all I hear is the measured jockeying for center. The Democrats should have declared this a state of emergency a long time ago.

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