farglebargle
Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
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Know what? I constantly overestimate the capabilities of people. Maybe it's just that people are intimidated by long texts. Why don't we, in the interests of promoting discussion, take it in littler chunks. Those of you with the skills to handle the text-dump above can go at their own pace, but let's try spoon feeding it...
Ok, willbeurdaddy Here's the first chunk of text:
1. The primary law of the United States Federal Government was set forth in the U.S. Constitution ("Constitution"), which provides that the first branch of government is the Legislative Branch ("Congress"). Pursuant to Article I, Section 8, Congress has certain powers and obligations regarding oversight of foreign affairs, including the powers to: (1) declare war; (2) raise and support the armed forces; and (3) tax and spend for the common good.
2. Article II of the Constitution establishes the Executive Branch. The Executive Power of the United States is vested in the President, who is also the Commander in Chief of the Armed Services.
3. Defendant GEORGE W. BUSH ("BUSH") has been employed as President of the United States since January 20, 2001. On that day, BUSH took a constitutionally mandated oath to faithfully execute the Office of President and to preserve, protect, and defend the Constitution. BUSH is also constitutionally obligated to take care that the laws be faithfully executed.
4. As Chief Executive, BUSH exercised authority, direction, and control over the entire Executive Branch, which includes the White House, the Office of the Vice President, the Departments of State, Defense, and others, and the National Security Council.
5. Defendant RICHARD B. CHENEY ("CHENEY") has been employed as Vice President of the United States since January 20, 2001.
6. Defendant CONDOLEEZZA RICE ("RICE") was employed as the National Security Adviser from January 2001 to January 2005, when she became Secretary of State, a position she holds as of the date of this indictment. As National Security Adviser, RICE exercised direction, control, and authority over the National Security Council, which coordinates various national security and foreign policy agencies, including the Departments of Defense and State.
7. Defendant DONALD M. RUMSFELD ("RUMSFELD") has been employed as Secretary of Defense since January 2001.
8. Defendant COLIN M. POWELL ("POWELL") was employed as Secretary of State from January 2001 through January of 2005.
9. Before assuming their offices, CHENEY, RICE, RUMSFELD and POWELL took an oath to preserve, protect, and defend the Constitution.
10. As employees of the Executive Branch, BUSH, CHENEY, RICE, RUMSFELD, and POWELL were governed by Executive Orders 12674 and 12731. These Orders provide that Executive Branch employees hold their positions as a public trust and that the American people have a right to expect that they will fulfill that trust in accordance with certain ethical standards and principles. These include abiding by the Constitution and laws of the United States, as well as not using their offices to further private goals and interests.
11. Pursuant to the Constitution, their oaths of office, their status as Executive Branch employees, and their presence in the United States, BUSH, CHENEY, RICE, RUMSFELD, and POWELL, and their subordinates and employees, are required to obey Title 18, United States Code, Section 371, which prohibits conspiracies to defraud the United States.
12. As used in Section 371, the term "to defraud the United States" means "to interfere with or obstruct one of its lawful government functions by deceit, craft, trickery, or at least by means that are dishonest." The term also means to "impair, obstruct, or defeat the lawful function of any department of government" by the use of "false or fraudulent pretenses or representations."
13. A "false" or "fraudulent" representation is one that is: (a) made with knowledge that it is untrue; (b) a half-truth; (c) made without a reasonable basis or with reckless indifference as to whether it is, in fact, true or false; or (d) literally true, but intentionally presented in a manner reasonably calculated to deceive a person of ordinary prudence and intelligence. The knowing concealment or omission of information that a reasonable person would consider important in deciding an issue also constitutes fraud.
14. Congress is a "department of the United States" within the meaning of Section 371. In addition, hearings regarding funding for military action and authorization to use military force are "lawful functions" of Congress.
15. Accordingly, the presentation of information to Congress and the general public through deceit, craft, trickery, dishonest means, and fraudulent representations, including lies, half-truths, material omissions, and statements made with reckless indifference to their truth or falsity, while knowing and intending that such fraudulent representations would influence Congress' decisions regarding authorization to use military force and funding for military action, constitutes interfering with, obstructing, impairing, and defeating a lawful government function of a department of the United States within the meaning of Section 371.
Ok, now everyone agrees that that is all quite straight forward.
1 and 2 state the Constitutional landscape.
3 to 8 establish the defendants.
9 to 11 establish the defendants duties to obey their oaths, the constitution, the laws and executive orders.
12 to 14 is pretty much cut and paste from 18 USC 371. That's what the law says. Complain to your congressman if you have a problem with it.
and 15 is a summation of 1 - 14.
Now, I've got to get out of the house, and I'll be downtown all day without access to the site. So you have a while to chew that over, and I will await your agreement with 1-15 before moving forward. You have a bit of time, and perhaps you should take the opportunity to read ahead so that you might make relevant inquiries when we resume.
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It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.
ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים
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RE: Can a Conservative Explain this? - Dick Cheney - 
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