Archive for January, 2009
Article V.
ILLEGALLY MISSPENDING FUNDS TO SECRETLY BEGIN A WAR OF AGGRESSION
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, together with the Vice President,
illegally misspent funds to begin a war in secret prior to any Congressional authorization.
The president used over $2 billion in the summer of 2002 to prepare for the invasion of Iraq. First
reported in Bob Woodward’s book, Plan of Attack, and later confirmed by the Congressional Research
Service, Bush took money appropriated by Congress for Afghanistan and other programs and—with no
Congressional notification — used it to build airfields in Qatar and to make other preparations for the
invasion of Iraq. This constituted a violation of Article I, Section 9 of the U.S. Constitution, as well as a
violation of the War Powers Act of 1973.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President and Commander in Chief, 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 VI.
INVADING IRAQ IN VIOLATION OF THE REQUIREMENTS OF HJRes114.
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”,
exceeded his Constitutional authority to wage war by invading Iraq in 2003 without meeting the
requirements of HJRes 114, the “Authorization for Use of Military Force Against Iraq Resolution of
2002″ to wit:
(1) HJRes 114 contains several Whereas clauses consistent with statements being made by the White
House at the time regarding the threat from Iraq as evidenced by the following:
(A) HJRes 114 states “Whereas Iraq both poses a continuing threat to the national security of the
United States and international peace and security in the Persian Gulf region and remains in material
and unacceptable breach of its international obligations by, among other things, continuing to possess
and develop a significant chemical and biological weapons capability, actively seeking a nuclear
weapons capability, and supporting and harboring terrorist organizations;”; and
(B) HJRes 114 states “Whereas members of Al Qaeda, an organization bearing responsibility for
attacks on the United States, its citizens, and interests, including the attacks that occurred on September
11, 2001, are known to be in Iraq;”.
(2) HJRes 114 states that the President must provide a determination, the truthfulness of which is
implied, that military force is necessary in order to use the authorization, as evidenced by the
following:
(A) Section 3 of HJRes 114 states:
“(b) PRESIDENTIAL DETERMINATION.—In connection with the exercise of the authority granted
in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be
feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the
House of Representatives and the President pro tempore of the Senate his determination that—
(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not
adequately protect the national security of the United States against the continuing threat posed by Iraq
or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions
regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent with the United States and other countries
continuing to take the necessary actions against international terrorist and terrorist organizations,
including those nations, organizations, or persons who planned, authorized, committed or aided the
terrorist attacks that occurred on September 11, 2001.”
(3) On March 18, 2003, President George Bush sent a letter to Congress stating that he had made that
determination as evidenced by the following:
(A) March 18th, 2003 Letter to Congress stating:
Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of
2002 (Public Law 107-243), and based on information available to me, including that in the enclosed
document, I determine that:
(1) reliance by the United States on further diplomatic and other peaceful means alone will neither (A)
adequately protect the national security of the United States against the continuing threat posed by Iraq
nor (B) likely lead to enforcement of all relevant United Nations Security Council resolutions regarding
Iraq; and
(2) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and
other countries continuing to take the necessary actions against international terrorists and terrorist
organizations, including those nations, organizations, or persons who planned, authorized, committed,
or aided the terrorist attacks that occurred on September 11, 2001.
(4) President George Bush knew that these statements were false as evidenced by:
(A) Information provided with Article I, II, III, IV and V.
(B) A statement by President George Bush in an interview with Tony Blair on January 31st 2003: [WH]
Reporter: “One question for you both. Do you believe that there is a link between Saddam Hussein, a
direct link, and the men who attacked on September the 11th?”
President Bush: “I can’t make that claim”
(C) An article on February 19th by Terrorism expert Rohan Gunaratna states “I could find no evidence
of links between Iraq and Al Qaeda. The documentation and interviews indicated that Al Qaeda
regarded Saddam, a secular leader, as an infidel.” [InternationalHeraldTribune]
(D) According to a February 2nd, 2003 article in the New York Times: [NYT]
At the Federal Bureau of Investigation, some investigators said they were baffled by the Bush
administration’s insistence on a solid link between Iraq and Osama bin Laden’s network. “We’ve been
looking at this hard for more than a year and you know what, we just don’t think it’s there,” a
government official said.
(5) Section 3C of HJRes 114 states that “Nothing in this joint resolution supersedes any requirement of
the War Powers Resolution.”
(6) The War Powers Resolution Section 9(d)(1) states:
(d) Nothing in this joint resolution–
(1) is intended to alter the constitutional authority of the Congress or of the President, or the provision
of existing treaties; or
(7) The United Nations Charter was an existing treaty and, as shown in Article VIII, the invasion of
Iraq violated that treaty
(8) President George Bush knowingly failed to meet the requirements of HJRes 114 and violated the
requirement of the War Powers Resolution and, thereby, invaded Iraq without the authority of
Congress.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President and Commander in Chief, 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 VII.
INVADING IRAQ ABSENT A DECLARATION OF WAR
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 launched a war against Iraq absent any congressional declaration of war or equivalent action.
Article I, Section 8, Clause 11 (the War Powers Clause) makes clear that the United States Congress
holds the exclusive power to decide whether or not to send the nation into war. “The Congress,” the
War Powers Clause states, “shall have power…To declare war…”
The October 2002 congressional resolution on Iraq did not constitute a declaration of war or equivalent
action. The resolution stated: “The President is authorized to use the Armed Forces of the United
States as he deems necessary and appropriate in order to 1) defend the national security of the United
States against the continuing threat posed by Iraq; and 2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.” The resolution unlawfully sought to delegate to the President the
decision of whether or not to initiate a war against Iraq, based on whether he deemed it “necessary and
appropriate.” The Constitution does not allow Congress to delegate this exclusive power to the
President, nor does it allow the President to seize this power.
In March 2003, the President launched a war against Iraq without any constitutional authority.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President and Commander in Chief, 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 VIII
INVADING IRAQ, A SOVEREIGN NATION, IN VIOLATION OF THE UN CHARTER AND
INTERNATIONAL CRIMINAL LAW
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”,
violated United States law by invading the sovereign country of Iraq in violation of the United Nations
Charter to wit:
(1) International Laws ratified by Congress are part of United States Law and must be followed as
evidenced by the following:
(A) Article VI of the United States Constitution, which states “This Constitution, and the Laws of the
United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of the Land;”
(2) The UN Charter, which entered into force following ratification by the United States in 1945,
requires Security Council approval for the use of force except for self-defense against an armed attack
as evidenced by the following:
A) Chapter 1, Article 2 of the United Nations Charter states:
“3.All Members shall settle their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered.
“4.All Members shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations.”
(B) Chapter 7, Article 51 of the United Nations Charter states:
“51. Nothing in the present Charter shall impair the inherent right of individual or collective selfdefense
if an armed attack occurs against a Member of the United Nations, until the Security Council
has taken measures necessary to maintain international peace and security.”
(3) There was no armed attack upon the United States by Iraq.
(4) The Security Council did not vote to approve the use of force against Iraq as evidenced by:
(A) A United Nation Press release which states that the United States had failed to convince the
Security Council to approve the use of military force against Iraq. [UN]
(5) President Bush directed the United States military to invade Iraq on March 19th, 2003 in violation
of the UN Charter and, therefore, in violation of United States Law as evidenced by the following:
(A) A letter from President Bush to Congress dated March 21st, 2003 stating “I directed U.S. Armed
Forces, operating with other coalition forces, to commence combat operations on March 19, 2003,
against Iraq.” [WH]
(B) On September 16, 2004 Kofi Annan, the Secretary General of the United Nations, speaking on the
invasion, said, “I have indicated it was not in conformity with the UN charter. From our point of view,
from the charter point of view, it was illegal.” [BBC]
( C ) The consequence of the instant and direction of President George W. Bush, in ordering an attack
upon Iraq, a sovereign nation is in direct violation of United States Code, Title 18, Part 1, Chapter 118,
Section 2441, governing the offense of war crimes.
(6). In the course of invading and occupying Iraq, the President, as Commander in Chief, has taken
responsibility for the targeting of civilians, journalists, hospitals, and ambulances, use of antipersonnel
weapons including cluster bombs in densely settled urban areas, the use of white phosphorous as a
weapon, depleted uranium weapons, and the use of a new version of napalm found in Mark 77
firebombs. Under the direction of President George Bush the United States has engaged in collective
punishment of Iraqi civilian populations, including but not limited to blocking roads, cutting electricity
and water, destroying fuel stations, planting bombs in farm fields, demolishing houses, and plowing
over orchards.
(A) Under the principle of “command responsibility”, i.e., that a de jure command can be civilian as
well as military, and can apply to the policy command of heads of state, said command brings President
George Bush within the reach of international criminal law under the Additional Protocol I of June 8,
1977 to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of
International Armed Conflicts, Article 86 (2). The United States is a state signatory to Additional
Protocol I, on December 12, 1977.
(B) Furthermore, Article 85 (3) of said Protocol I defines as a grave breach making a civilian
population or individual civilians the object of attacks. This offense, together with the principle of
command responsibility, places President George Bush’s conduct under the reach of the same law and
principles described as the basis for war crimes prosecution at Nuremburg, under Article 6 of the
Charter of the Nuremberg Tribunals: including crimes against peace, violations of the laws and customs
of war and crimes against humanity, similarly codified in the Rome Statute of the International
Criminal Court, Articles 5 through 8.
(C) The Lancet Report has established massive civilian casualties in Iraq as a result of the United
States’ invasion and occupation of that country.
(D) International laws governing wars of aggression are completely prohibited under the legal
principle of jus cogens, whether or not a nation has signed or ratified a particular international
agreement.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President and Commander in Chief, 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 IX.
FAILING TO PROVIDE TROOPS WITH BODY ARMOR AND VEHICLE ARMOR
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, together with the Vice President,
has been responsible for the deaths of members of the U.S. military and serious injury and trauma to
other soldiers, by failing to provide available body armor and vehicle armor.
While engaging in an invasion and occupation of choice, not fought in self-defense, and not launched
in accordance with any timetable other than the President’s choosing, President Bush sent U.S. troops
into danger without providing them with armor. This shortcoming has been known for years, during
which time, the President has chosen to allow soldiers and Marines to continue to face unnecessary risk
to life and limb rather then providing them with armor.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his
trust as President and Commander in Chief, 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.