Friday, July 11, 2008

Federal Judge Ruling: George W. Bush is a Felon

by Len Hart, The Existentialist Cowboy

The US District Court in California has ruled that President George W. Bush is a felon. The ruling stems from the case of Al-Harmain Islamic Foundation Inc. v Bush, a case which will now be remembered as making it official that Bush's program of 'warrantless spying' is illegal.
Judge Walker held that the president lacks the authority to disregard the Foreign Intelligence Surveillance Act, or FISA -- which means Bush's warrantless electronic surveillance program was illegal. Whether Bush will ultimately be held accountable for violating federal law with the program remains unclear. Bush administration lawyers have fought vigorously -- at times using brazen, logic-defying tactics -- to prevent that from happening. The court battle will continue to play out as Congress continues to battle over recasting FISA and possibly granting immunity to telecom companies involved in the illegal surveillance.

--Suing George W. Bush: A bizarre and troubling tale
The complete story at Sott.net outlines the sorry history of how the Bush administration has defined the law of this nation as well as the laws of common sense and decency to carry out a program that would have made even Richard Nixon or J. Edgar Hoover blush.

It would seem to me that it's now well established that Bush is indictable in a Federal Court. It is also my understanding that any sitting federal judge can now --upon his/her own motion --convene a federal grand jury to investigate Bush's many violations of federal law, not the least of which are US Codes, Title 18, Section 2441, which make Bush subject to the penalty of death for each death of his war of aggression in Iraq.
(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.

--TITLE 18 > PART I > CHAPTER 118 > § 2441 § 2441. War crimes
It's easy to find evidences of Bush's tyranny. Here's a headline linked from the article cited above.
    Editor's note: This article is part of a Salon investigative series on spying inside the United States by the Bush administration. Research support for the article was provided by the Nation Institute Investigative Fund.
Spying on Americans without warrants, charges based on secret evidence, a small town divided by fear. Welcome to the world of Bush's "specially designated global terrorists."

May 19, 2008 | RIYADH, Saudi Arabia, and ASHLAND, Ore.

One day in March 2004, Soliman Hamd Al-Buthe, a former member of Saudi Arabia's national basketball team and a government official in the city of Riyadh, picked up his phone for an urgent call with two American lawyers in Washington, DC Most of the call concerned a growing confrontation between the US government and the Al-Haramain Islamic Foundation in Ashland, Ore., the US branch of a global Saudi Arabian charity organization under investigation for possible links to terrorism. Al-Buthe had been an advisor to Al-Haramain from 1995 to 2002 and was a member of the Oregon foundation's board of directors. Just weeks prior to the call, the foundation -- a respected fixture in the Ashland community run for years by an Iranian-American Muslim named Pete Seda -- had been raided by US law enforcement agents.

--Blacklisted by the Bush government, Tim Shorrock, Salon
It is the Bush administration which has pressed this issue, an issue that has come up, until Bush, just four times in 23 years. But since 911 and the Bush wars for which it is fraudulently cited in justification, Bush has seized upon a Supreme Court ruling of 1953 to justify sweeping authority far beyond anything that could have been envisioned by the courts. Mere mention of two words --'state secrets' --was always enough to get a wink and nod from a federal judge. Things have changed. There is the possibility that George W. Bush is under investigation by a Federal Grand Jury as we write this.
Federal grand juries do two things: They investigate to determine if federal crimes have been committed; and they indict, or bring criminal charges against, those whom the grand jury believes committed federal crimes. To indict, the grand jurors must have probable cause to believe the persons indicted did violate federal criminal law.

Grand juries offer prosecutors several advantages in conducting a criminal investigation, especially a high-profile, factually complicated investigation. For one thing, grand juries operate in secret; this not only gives prosecutors the ability to shield the evidence they are gathering from disclosure to the press and others, it can also encourage people to cooperate with a grand jury. Unless a witness reveals that he or she testified before a federal grand jury, no one ever needs to know that occurred, and since the transcripts of grand jury testimony are secret, no one will know what the witness said. This can be an advantage in an investigation, such as an investigation into terrorism, where witnesses may be afraid of retaliation if they cooperate with investigators.

Grand juries also give prosecutors the power to subpoena witnesses and evidence from around the country and, in some circumstances, from other countries, as well. (Getting evidence from abroad is discussed below.) If federal agents want to interview someone, the person can refuse to speak to them; this is true even if the person is arrested as a material witness, because persons who are arrested can invoke the Miranda rights to silence and to an attorney. The U.S. Supreme Court has held, however, that the Miranda rights are not available to witnesses subpoenaed to testify before a grand jury. Unlike someone being interrogated by federal agents, a grand jury witness not only has not right to silence or counsel, he or she is required to answer questions posed by the prosecutor working with the grand jury and by the grand jurors. A grand jury witness can refuse to answer if he or she can invoke the Fifth Amendment as to a question, but the privilege must be claimed as to each question and the prosecutor can challenge a witness' ability to invoke the privilege.

--Using a Grand Jury to Investigate the September 11, 2001 Terrorist Attacks, Susan Brenner & Lori Shaw
It is against both the letter of the law, logic, and common sense to allow Bush carte blanche to dismiss out-of-hand legal challenges to his various assumptions of dictatorial powers. This is crucial! Bush wars on Iraq, Afghanistan and 'terror' can be shown to be criminal and fraudulent. No other criminal defendant could simply invoke 'executive privilege' in order to have the smoking gun evidence against him thrown out of court. And Bush must no be allowed to do so either!

In this case, the evidence that must be allowed, the evidence that must be weighed by a federal grand jury will prove beyond any shadow of doubt that the panoply of frauds and lies Bush perpetrated upon the sovereign people of the US amount to high treason, mass murder, and war crimes for which US Codes themselves demand the death penalty.

A very important and related story at Alternet: Worries About War Crimes Heat up in the White House. Bush should worry. Any competent prosecutor could make an open and shut case right now that George W. Bush, who ordered the illegal attack and invasion of Iraq, is personally guilty of war crimes that demand the death penalty.

23 comments:

A. Magnus Publius said...

Bush's dereliction of duty on 9/11 should have been enough to impeach him and have him thrown in irons. That the American people have tolerated his petty, communist tactics this long is NOT a good sign for our nation.

Unknown said...

A. Magnus Publius said...

Bush's dereliction of duty on 9/11 should have been enough to impeach him and have him thrown in irons.

I agree completely! Bush has committed enough crimes to keep a staff of prosecutors the size of Baker-Botts busy for years. We don't have that much time. This 'man' (if man he is) should be frog marched out of the White House NOW --in leg irons!

Anonymous said...

I don't understand what is wrong with American people. They all know they're getting the run around and constantly lied to by the this administration and yet this Bozo we call a president is traveling the world (at our expense) making an ass of himself. We are losing our children because of his lies and for what?!?! Oil? Gimme a break! Impeach him? Too good. Lock him up in Gitmo!

Unknown said...

anonymous, you may be interested in my article: Mr. Bush Goes to GITMO: How the Patriot Act Makes Bush a 'Terrorist'!

Anonymous said...

wonder if her has to put that on his future job applications... haha

Anonymous said...

Come on Len. I'm sure that even in West Texas they teach you in schools that a Judge can not declare someone a Felon until after sentencing, which comes after a trial.

As for charging Bush and putting him on trial, there has been plenty of time. Why haven't charges been brought in a court? Why hasn't there been a trial already?

You and I both know why. At least I would hope you do.

Anonymous said...

WTF? Isn't this the same crap our founding fathers went up against? Re-read your history! There wasn't this big of a "war on terrorism" until this idiot found a way to make money off of it. C'mon people! Oh, by the way, have you ever seen a hearse with a U-Haul trailer behind it?

Unknown said...

Anonymous...

Come on Len. I'm sure that even in West Texas they teach you in schools that a Judge can not declare someone a Felon until after sentencing, which comes after a trial.

I think you need to re-read the article again. I think you missed the point, the nature of the case in which a judge in fact so stated, as well as the context in which his assertion was made.

As for charging Bush and putting him on trial, there has been plenty of time.

Of course there's been plenty of time. That's why I am pissed off!

Why haven't charges been brought in a court? Why hasn't there been a trial already?

The reason for that is akin to the reason Hitler's gang of Nazi war criminals were not brough to trial at Nuremberg until after Berlin was reduced to rubble. Now --who will do the American people a favor by ending Bush's stupid war crimes?

Re-read your history! There wasn't this big of a "war on terrorism" until this idiot found a way to make money off of it.

That's nothing new and Bush didn't just figure out --suddenly --how to make money off a 'war on terrorism'. As numerous writers (myself included) have been saying for years and I have stated on this blog --death and destruction is America's number one export. The word for it is: fascism.

Anonymous said...

It is the Congress that has repeatedly denied our right to have this man taken DOWN..so we must just take them down. Period. Vote out every incumbent and get some legislators in there who are honest and truly want to serve US. This do-nothing Congress is only passing laws to cause more trouble for us in the world and at home. We have wells to drill and a central bank to abolish. There is plenty to do, here..

Unknown said...

Anonymous said...

It is the Congress that has repeatedly denied our right to have this man taken DOWN..so we must just take them down. Period. Vote out every incumbent and get some legislators in there who are honest and truly want to serve US.

Democrats had been suckered into positioning themselves as GOP-lite or GOP-less repugnant! It is clear now that people are looking for OPPOSITION to Bush and NOT finding it. Even disaffected goppers will be disappointed when they find among the Democrats just more of the S.O.S.

MountainSeeker said...

Bush really needs to be kicked out of office for war crimes!

Anonymous said...

Obviously this is another piece of horse manure against the President who is damn well authorized by the constitution"by any means neccessary" to protect America. How quickly the constitution is overlooked by liberal Judges when it suits their own purpose. No Judge can legally declare anyone a felon without a criminal trial. Get off your high horses.

Unknown said...

Anonymous said...

Obviously this is another piece of horse manure against the President who is damn well authorized by the constitution"by any means neccessary" to protect America.

The US Constitution DOES NOT authorize the "President" to break federal laws under any circumstance.

READ THE CONSTITUTION you stupid asswipe before you post this shit on this blog!

Secondly, I suggest that you give the federal judge cited the benefit of your superior intellect and legal knowledge.

How quickly the constitution is overlooked by liberal Judges when it suits their own purpose. No Judge can legally declare anyone a felon without a criminal trial. Get off your high horses.

You've proven to this forum that you have never bothered to read the Constitution. Secondly, you have absolutely NO BASIS for charging the Federal Judge in question with the stupid label: 'liberal'. Nor are you aware of the facts compelling the case.

I've read the Constitution, dip wad! And there is NOTHING in the Constitution which gives Bush the authority to begin a war of naked aggression. There is nothing in the Constitution which places Bush above the requirements of habeas corpus. There is NOTHING in the Constitution which grants Bush 'executive privilge'.

There is absolutely no mention of the words EXECUTIVE PRIVILEGE whatsoever in the Constitution.

There is nothing in the US Constitution which grants to GWB the ability to create law with 'signning statements!.

There is NOTHING in the Constitution which authorizes 'signing statements' whatsoever.

It's NOT there ..nada, zip, zero.

There is ABSOLUTELY NOTHING in the Constitution that authorizes Bush's contention that he can MAKE LEGAL THE CRIMES HE HAS ALREADY COMMITTED AFTER HE HAD DONE SO.

In fact, the CONSTITUTION expressly forbids without exception EX POST FACTO laws.

There is NOTHING in the US constitution that even implies that Bush may rule by decree!

I could go on and on!

Educate yourself or shut the fuck up!

Anonymous said...

Screw the Al-Harmain Islamic Foundation Inc. and Impeach Bush anyway. He is nothing but a rotten piece of scum, not to mention the worst President we have ever had.

Anonymous said...

Did anyone notice the date of this article? Did Jeff Rense notice the date?

There is no longer the "impeachment" question, he can be hand cuffed NOW!!!

Meatwad

Unknown said...

Anonymous said...

There is no longer the "impeachment" question, he can be hand cuffed NOW!!!

When Bush was in the White House, it was very difficult to get anyone to read articles that stated flat out that he was INDICTABLE for capital crimes.

It is my position then and now that Bush should be INDICTED NOW for the capital crimes that even a first year law student should be able to prosecute.

CUFF BUSH AND TRY HIS SORRY ASS NOW!!!!

Anonymous said...

Is Beelzebush, born with a silver spoon in his anal cavity, a Phsycopath, stupid, or sickenly Evil? It's all the above folks.

Unknown said...

Here's a link to a PIC of some old, beat up shoes:

SHOES

Post these shoes wherever you can in HONOR of the Iraqi journalist who threw shoes!

Recently, a 'statue' of the shoes were erected in Iraq. But --the statute has been ordered taken down.

pass the shoes around!

Anonymous said...

Read, "Confessions of an economic hit man".

Vote for Ron Paul.

Unknown said...

I've read it an recommend it.

Anonymous said...

And his fellow Texans still gave him a standing ovation. What kind of assholes are you American's anyway!?

Unknown said...

Anonymous said...

And his fellow Texans still gave him a standing ovation. What kind of assholes are you American's anyway!?

Watch the 2004 remake of "The Manchurian Candidate". It almost reveals all. Many Americans are brainwashed, others are just stupid and don't know any better. The GOP talks 'big' about EDUCATION but they never, ever deliver. Texas is, perhaps, the best example now trailing the nation in the percentage graduating high school; clearly that is the result of the back to back GOP governorships of George Bush Sr and his successor Rick Perry. Texas also LEADS the nation in per capita incarcertaions which are, by the way, in corporatized, outsourced corporate prison systems.

As education declines, crimes rates increase. Also increasing are the incarceration rates in CORPORATE owned prisons.

Who benefits from this hideous system? ONLY THE CORPORATIONS WHO OWN AND RUN THE PRISONS!!!!!

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