Nathanael
Etherzone
Monday, January 22, 2007
United States v. George W. Bush et al is a new book that portrays
the hypothetical account of grand jury proceedings against President
George W. Bush, Vice President Richard Cheney, Secretary of Defense
Donald Rumsfeld, Secretary of State Condoleezza Rice, and former
Secretary of State Colin Powell for “… tricking the
nation into war – in legal terms, conspiracy to defraud
the United States.” The book was released early December
of 2006 and written by Ms. Elizabeth de la Vega who retired in
2004 after 20 years as federal prosecutor and whose work included
being …
…an Assistant U. S. Attorney in Minneapolis, a member
of the Organized Crime Strike Force in San Jose, and Chief of
the San Jose Branch U.S. Attorney's Office, I prosecuted all manner
of criminal cases. There were bank embezzlements, government frauds,
violent takeover robberies, piloting a commercial passenger flight
while under the influence – the pilot had had twenty rum
and (diet) Cokes and four hours' sleep before takeoff –
and investment frauds, to name a few.
Tom Engelhardt and Ms. de la Vega recently posted a two-part
preview of this book along with some book excerpts, which can
be found here (part 1) and here (part 2). These two articles give
such substantial explanation that felony crimes have been committed
as to make reading the book all but superfluous. An excerpt from
part 1 follows:
After analyzing this evidence in light of the applicable law,
I've determined that we already have more than enough information
to allow a reasonable person to conclude that the President conducted
a wide-ranging effort to deceive the American people and Congress
into supporting a war against Iraq. In other words, in legal terms,
there is probable cause to believe that Bush, Cheney, Rumsfeld,
Rice, and Powell violated Title 18, United States Code, Section
371, which prohibits conspiracies to defraud the United States.
Probable cause is the standard of proof required for a grand jury
to return an indictment. Consequently, we have more than sufficient
evidence to warrant indictment of the President and his advisers.
Do I expect someone to promptly indict the President and his
aides? No. I am aware of the political impediments and constitutional
issues relating to the indictment of a sitting president. Do those
impediments make this merely an empty exercise? Absolutely not.
Numerous questions arise out of the last paragraph. If the President
and his aides have committed crimes, then what prevents any other
federal prosecutor from impaneling a grand jury to consider placing
him under indictment? Is Ms. de la Vega the only federal prosecutor
in the America that understands the law and the rest are clueless?
Is there any constitutional provision, law or statute that places
GWBush technically above the law? So if her book is not an empty
exercise, what options or obligations does Ms. de la Vega have
as past federal prosecutor and still being a licensed attorney?
Consider these excerpts from her three stated goals for the book.
1. Did the President and his team defraud the country? After
swearing to uphold the law of the land, did our highest government
officials employ the universal techniques of fraudsters –
deliberate concealment, misrepresentations, false pretenses, half-truths
– to deceive Congress and the American people?
2. By presenting the President's conspiracy to defraud just as
a prosecutor would present any fraud conspiracy, I hope to enable
readers to consider the case in an uncharged atmosphere, applying
criminal law to the evidence that they believe has been proved
to the standard of probable cause, just as grand jurors would
in any other case.
3. My third goal is to send the message home – to whomever
will listen. And this is it: The President has committed fraud.
It is a crime in the legal, not merely the colloquial, sense.
It is far worse than Enron. It is not a victimless crime. We cannot
shrug our shoulders and walk away.
Assuming the evermore-obvious fascist/socialist intentions on
destroying the Bill of Rights and Constitution can be avoided,
future Americans may well view Ms. de la Vega as a solitary voice
and hero from the legal community. There are tens of thousands
of knowledgeable but silent prosecuting attorneys, judges and
elected officials that understand this criminal reality just as
she does. Ms. de la Vega states (in part 1) that the risk of losing
their jobs has rendered these officials mute. Their silence to
the crimes of GWBush equates to having sold out the rule of law
and the Constitution for money.
However, publishing this book has correspondingly created a serious
legal obligation for Ms. de la Vega. All attorneys are officers
of the Court. They take an oath of office just like any elected
official. They are all obligated to uphold and protect the Constitution.
UNITED STATES CODE - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE,
PART I – CRIMES, CHAPTER 1 - GENERAL PROVISIONS
Sec. 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States, conceals and does
not as soon as possible make known the same to some judge or other
person in civil or military authority under the United States,
shall be fined under this title or imprisoned not more than three
years, or both.
As an officer of the Court, Ms. de la Vega must communicate what
she understands about GWBush et al to a court of proper jurisdiction
in the form of a sworn statement or affidavit. Her experience
and knowledge undeniably compels her to distill her book into
a formal federal criminal complaint and have it served upon a
competent court. If not then she has subjected herself to willful
misprision, a felony.
Upon submitting her federal criminal complaint, Ms. de la Vega
has met her fiduciary obligation to We the People and the Constitution.
The responsibility for continuing against GWBush et al has shifted
to the Judge who was served, the local office of the US Attorney
and/or the State Attorney General in which it is filed. These
recipients are then faced with serious legal ramifications if
they do not investigate the charges in Ms. de la Vega’s
affidavit. Ignoring or failing to submit her allegations to a
grand jury will arguably subject any of these recipients to criminal
exposure for misprision, conspiracy to defraud the UNITED STATES
by intentional inaction, aiding and abetting a criminal enterprise,
obstruction of justice and other possible crimes.
So then, is GWBush immune from prosecution for his actions as
President or in his personal capacity while he is President? No.
Judges, Congressmen, Mayors, Senators and all manner of elected
officials can and do get hauled off in handcuffs for crimes they
have committed. There is no portion of the Constitution that immunizes
the President from criminal prosecution. Article 1, Section 3
(the Powers of the Congress) states as follows:
Judgment in Cases of Impeachment shall not extend further than
to removal from Office, and disqualification to hold and enjoy
any Office of honor, Trust or Profit under the United States:
but the Party convicted shall nevertheless be liable and subject
to Indictment, Trial, Judgment and Punishment, according to Law.
Impeachment is only a political act with limited consequences
that bear one’s ability to retain or hold elected office.
The convicted Party (such as the President or Judge or Congressperson)
of an Impeachment is still liable and subject to Indictment and
prosecution for any criminal acts according to Law.
There is no language in the Constitution or the US Code that
requires an impeachment proceeding to come before a criminal indictment
or prosecution. Any Constitutional Scholar, retired Assistant
US Attorney, Supreme Court Justice, Attorney General, Congressperson
or any Court stating such prior constraint is in violation of
the Constitution and the Law. No one is above the law, not even
the President. The Constitution cannot be altered by statute,
a legislative act, a bill passed by Congress and signed by the
President or an Executive Order. A valid Article V procedure must
be accomplished before the Constitution is lawfully modified.
UNITED STATES CODE - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE,
PART I – CRIMES, CHAPTER 1 - GENERAL PROVISIONS
Sec. 2. Principals
(a) Whoever commits an offense against the United States or aids,
abets, counsels, commands, induces or procures its commission,
is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly
performed by him or another would be an offense against the United
States, is punishable as a principal.
After Ms. de la Vega has taken up her responsibility by filing
her criminal complaint, she has other serious crimes to attest
and allege against the President and others. These perpetrators
have confessed to these crimes by their public actions. Just prior
to the November 2006 election cycle, Congress passed and the President
signed the Military Commissions Act of 2006.
One aspect of this supposed “Act of Congress” retroactively
holds people criminally liable for certain actions that happened
before the bill was passed by Congress and signed by GWBush. The
Military Commissions Act of 2006 is a direct violation of the
Constitution, Article I, Section 9, and Paragraph 3, is constitutionally
null and void and of no force and effect.
No Bill of Attainder or ex post facto Law shall be passed.
"All laws repugnant to the Constitution are void of law.”
Chief Justice John Marshall, Marbury v. Madison (1803)
A challenge to any and all attorneys, including retired Assistant
US Attorneys ... please explain why the members of Congress who
voted for the Military Commissions Act of 2006 and the President
who signed it supposedly into law are not guilty of rebellion
or sedition and other related crimes?
18 USC CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion
or insurrection against the authority of the United States or
the laws thereof, or gives aid or comfort thereto, shall be fined
under this title or imprisoned not more than ten years, or both;
and shall be incapable of holding any office under the United
States.
The Military Commission Act of 2006 has been veiled in the appearance
of law when in fact it is a criminal act. The presentation of
an invalid, unlawful act as being a valid law is known as acting
under the color of law. It is a gross and intentional misrepresentation
that is not law but tyranny. It is a serious enough violation
of the rights of the people that the potential consequences include
capital punishment.
UNITED STATES CODE - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE,
PART 1 - CRIMES, CHAPTER 13 - CIVIL RIGHTS
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation,
or custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any
rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to different punishments,
pains, or penalties, on account of such person being an alien,
or by reason of his color, or race, than are prescribed for the
punishment of citizens, shall be fined under this title or imprisoned
not more than one year, or both; and if bodily injury results
from the acts committed in violation of this section or if such
acts include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire, shall be fined under this title or
imprisoned not more than ten years, or both; and if death results
from the acts committed in violation of this section or if such
acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or imprisoned
for any term of years or for life, or both, or may be sentenced
to death.
UNITED STATES CODE - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE,
PART 1 - CRIMES, CHAPTER 13 - CIVIL RIGHTS
§ 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten,
or intimidate any person in any State, Territory, Commonwealth,
Possession, or District in the free exercise or enjoyment of any
right or privilege secured to him by the Constitution or laws
of the United States, or because of his having so exercised the
same; or
If two or more persons go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder his free
exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than
ten years, or both; and if death results from the acts committed
in violation of this section or if such acts include kidnapping
or an attempt to kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an attempt to kill, they
shall be fined under this title or imprisoned for any term of
years or for life, or both, or may be sentenced to death.
Ms de la Vega also adds to her responsibilities to We the People
by making additional assertions in a bold and accurate statement
found in part 1.
George W. Bush exploited the vulnerability of an entire populace
reeling from the September 11, 2001, attacks to manipulate them
into supporting a war based on false pretenses.
The President has in all likelihood committed War Crimes under
USC Title 18, Part 1, Chapter 18, Section 2441 for his Iraq War.
If she truly believes her above statement, then she must attest
and affirm to these criminal actions of GWBush et al in another
criminal complaint.
There is one last question to Ms. de la Vega. If GWBush were
monstrous enough to use the 911 attacks as a false pretense to
commit war crimes against Iraq, then why would it be unreasonable
to consider the 911 attacks as a false flag action perpetrated
by internal terrorists? The resultant blood rage of the people
could then be manipulated into a war footing against Iraq.
I suggest that you read and consider the works of Morgan Reynolds,
Judy Wood, Jim Fetzer and Rick Siegel before answering that question.
Luke 11:45-46 NASB
(45) One of the lawyers said to Him in reply, "Teacher, when
You say this, You insult us too."
(46) But He said, "Woe to you lawyers as well! For you weigh
men down with burdens hard to bear, while you yourselves will
not even touch the burdens with one of your fingers.
Ephesians 5:11-13 NASB
(11) Do not participate in the unfruitful deeds of darkness, but
instead even expose them;
(12) for it is disgraceful even to speak of the things which are
done by them in secret.
(13) But all things become visible when they are exposed by the
light, for everything that becomes visible is light.
Galatians 4:16 NASB
So have I become your enemy by telling you the truth?
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