Kucinich: Articles of Impeachment 22.

[L. Coyote]

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[jgraz]

1. K&R

[L. Coyote]

2. DIRECTING TELECOMMUNICATIONS COMPANIES TO CREATE AN ILLEGAL AND UNCONSTITUTIONAL DATABASE

FISA con'd.

(E) The "Authorization to use Military Force in Iraq" does not give any explicit authorization related to
electronic surveillance.
(F) "From the foregoing analysis, it appears unlikely that a court would hold that Congress has
expressly or impliedly authorized the NSA electronic surveillance operations here under discussion,
and it would likewise appear that, to the extent that those surveillances fall within the definition of
"electronic surveillance" within the meaning of FISA or any activity regulated under Title III, Congress
intended to cover the entire field with these statutes." From the "Presidential Authority to Conduct
Warrantless Electronic Surveillance to Gather Foreign Intelligence Information" by the Congressional
Research Service on January 5, 2006.
(G) "The inescapable conclusion is that the AUMF did not implicitly authorize what the FISA
expressly prohibited. It follows that the presidential program of surveillance at issue here is a violation
of the separation of powers — as grave an abuse of executive authority as I can recall ever having
studied." Letter from Harvard Law Professor Lawrence Tribe to John Conyers on 1/6/06
(H) On August 17, 2006 Judge Anna Diggs Taylor of the United States District Court in Detroit, in
ACLU v. NSA, ruled that the "NSA program to wiretap the international communications of some
Americans without a court warrant violated the Constitution. ... Judge Taylor ruled that the program
violated both the Fourth Amendment and a 1978 law that requires warrants from a secret court for
intelligence wiretaps involving people in the United States. She rejected the administration's repeated
assertions that a 2001 Congressional authorization and the president's constitutional authority allowed
the program." From a New York Times article "Judge Finds Wiretap Actions Violate the Law" 8/18/06
and the Memorandum Opinion
(I) In July 2007, the Sixth Circuit Court of Appeals dismissed the case, ruling the plaintiffs
had no standing to sue because, given the secretive nature of the surveillance, they could not state with
certainty that they have been wiretapped by the NSA. This ruling did not address the legality of the
surveillance so Judge Taylor's decision is the only ruling on that issue.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President, and subversive of constitutional government, to the prejudice of the cause of law and
justice and to the manifest injury of the people of the United States. Wherefore, President George W.
Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

Article XXV
DIRECTING TELECOMMUNICATIONS COMPANIES TO CREATE AN ILLEGAL AND UNCONSTITUTIONAL DATABASE
OF THE PRIVATE TELEPHONE NUMBERS AND EMAILS OF AMERICAN CITIZENS
In his conduct while President of the United States, George W. Bush, in violation of his constitutional
oath to faithfully execute the office of President of the United States and, to the best of his ability,
preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional
duty under Article II, Section 3 of the Constitution "to take care that the laws be faithfully executed",
has both personally and acting through his agents and subordinates, violated the Stored
Communications Act of 1986 and the Telecommunications Act of 1996 by creating of a very large
database containing information related to the private telephone calls and emails of American citizens,
to wit:
The President requested that telecommunication companies release customer phone records to the
government illegally as evidenced by the following:
"The Stored Communications Act of 1986 (SCA) prohibits the knowing disclosure of customer
telephone records to the government unless pursuant to subpoena, warrant or a National Security Letter
(or other Administrative subpoena); with the customers lawful consent; or there is a business necessity;
or an emergency involving the danger of death or serious physical injury. None of these exceptions
apply to the circumstance described in the USA Today story." From page 169, "George W Bush versus
the US Constitution". Compiled at the direction of Representative John Conyers.
According to a May 11, 2006 article in USA Today by Lesley Cauley "The National Security Agency
has been secretly collecting the phone call records of tens of millions of Americans, using data
provided by AT&T, Verizon and BellSouth". An unidentified source said 'The agency's goal is "to
create a database of every call ever made" within the nation's borders'.
In early 2001, Qwest CEO Joseph Nacchio rejected a request from the NSA to turn over customers
records of phone calls, emails and other Internet activity. Nacchio believed that complying with the
request would violate the Telecommunications Act of 1996. From National Journal, November 2, 2007.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President, and subversive of constitutional government, to the prejudice of the cause of law and
justice and to the manifest injury of the people of the United States. Wherefore, President George W.
Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

[L. Coyote]

3. ANNOUNCING THE INTENT TO VIOLATE LAWS WITH SIGNING STATEMENTS, AND VIOLATING THOSE LAWS

Article XXVI
ANNOUNCING THE INTENT TO VIOLATE LAWS WITH SIGNING STATEMENTS, AND VIOLATING THOSE LAWS
In his conduct while President of the United States, George W. Bush, in violation of his constitutional
oath to faithfully execute the office of President of the United States and, to the best of his ability,
preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional
duty under Article II, Section 3 of the Constitution "to take care that the laws be faithfully executed",
has used signing statements to claim the right to violate acts of Congress even as he signs them into
law.
In June 2007, the Government Accountability Office reported that in a sample of Bush signing
statements the office had studied, for 30 percent of them the Bush administration had already
proceeded to violate the laws the statements claimed the right to violate.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President, and subversive of constitutional government, to the prejudice of the cause of law and
justice and to the manifest injury of the people of the United States. Wherefore, President George W.
Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

[L. Coyote]

4. Kick. Putting these ducks in row.