DSM - Take it to the Courts!

[Vyan]

Y'know what the problem with (some) Democrats is? They still expect other people to do the important things that need being done - for them.

It's time for that to stop.

This weeks Downing Street Hearing was a great thing, but exactly how much of a groundswell it's going to start with the media remains an open question. We can't wait for government to do something here. (Even if their were impeachment hearings now, there's no way they'd be effective under a Republican Controlled Congress) and we can't wait for the media to finally begin taking this story seriously. Neo-Conartist Republicans control the White House, Congress and a significant portion of the press, so we have to attack using the one vehicle that they don't completely or significantly control.

The Courts.

Title 18, Section 1001 of the U.S. Codes states the following:

Except as otherwise provided in this section, 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.

The ACLU has already shown us the way on the issue of tortue, and has sued Donald Rumsfeld - like them if we really want the truth about how the U.S. entered the war on Iraq, if we want to find the matching U.S. meeting minutes and notes to the Downing Street Documents, we're going to have to sue the Bush Administration to get them using the Freedom of Information Act.

First, If both British Foreign Secretary Jack Straw and Intelligence Chief Sir Richard Dearlove felt that U.S. Officials had given them the impression that War with Iraq was inevitable, as they both stated in the Downing Street Minutes, there have to be matching American documents which either confirm or invalidate this view. If Dearlove did in fact meet with George Tenet and Condoleeza Rice just prior to the meeting which generated the DSM, as was alleged during the Downing hearing, there has to be a paper trail. If so, it is simply not a reasonable expectation that the Bush Administration would divulge this information unless it was forced to by subpoena or court order. With a Republican Congress, we aren't going to have any subpoenas, nor is a Special Prosecutor likely to be appointed, however neither of these is required during the discovery phase of a class-action lawsuit. Documents and evidence can be subpoenaed by the court and depositions can be taken, even the President can be deposed. (And if Clinton had a problem with "Is Is", you can just imagine what kind of Perjury trap can be set of George W.)

Clearly there is precedent for his action: During the Clinton years, the Supreme Court ruled that a sitting President could be sued, and in recent years the Congress has passed laws which require Class-Action suits to be handled by Federal Court.


(Cindy Sheehan at the Downing Street Hearing)

Second, Every Father and Mother like Cindy Sheehan, who has lost a loved one to this illegal war and feels the need to find redress, should join together and file suit against this President and his subordinates for wrongful death, siting his willfully false and misleading statments leading to the unneccesary War with Iraq, supported by Downing Street Documents and further information obtained via FOIA.

Third, A second wrongful-death suit should be filed against Donald Rumseld by the family of any soldier who was killed or injured as a result of insuffiencient or "Hillbilly" armor. Despite his claims that we "Go to war with the armor we have", it seems to me and many that Rumsfeld has had this armor for five years now, and although the suppliers are fully capable of providing the materials, our soldiers are still not fully protected. There is no excuse for this.


(Explosives left behind at Al Qaqaa)

Forth, the families of civilian contractors who've been killed by IED's that were contructed from explosives taken from Al QaQaa should sue Donald Rumsfeld and the Department of Defense of contributory negligence.

There's only so much our Democratic leaders can do, particular if they can't even have a meeting in an genuine hearing room. We have to take responsibility for holding this government accountable ourselves, first in the courts and secondly - at the polls in 06.

If a silly hick like Paula Jones could bring down Clinton (no offense intended to all our proud Democrat and Liberal "red-necks" out there fighting the good fight deep in the heart of Dixie), we should be able to crush George W. to powder.

Vyan

[fooj]

1. Why not? Apply the pressure everywhere we can!

peace.

[Tommymac]

2. I'm not a lawyer but it sounds good to me...

If it can be done it should be done.

The more fronts the neocons have to fight on, the more opportunities for them to make a mistake...even their resources have a limit.

[corbett]

3. We Should Squeeze For Every Angle But...

We should keep in mind going in that with Gonzales as AG, the full weight of the Department of Justice will be brought to intimidate the plaintiffs and bury them in paperwork.

http://www.tompaine.com/articles/20050601/the_key_to_impeachment.php

[Vyan]

4. Rarely are things that are truly worth achieving..

...ever easy.

Besides, Gonzales should be a defendant himself because his involvement with the Bybee memos. Amnesty International has called for him to be specifically investigated, and if neccesary prosecuted, for War Crimes.

Vyan

[corbett]

5. Agreed – It's A Tiered Process

Best of luck to all who attempt it.