Thursday, June 7, 2012

Folo on questions of “What’s Next?”

  1). Some of the [expletives deleted] congresspersons who copped to not reading the NDAA for FY 2012 (with its unconstitutional "sub-title D" on "antiterrorism," (aka Cessation of Civilian Rights And Repeal of the Lesser-Included Bill of Rights)) said, by way of answer, "It's 1600 pages long."
    As in, "You don't expect me to read through 1600 pages of legislation before I vote on it, do you? In the House and Senate we play 'follow the leader,' as do sheep, lemmings, and the rats and children of Hamlin Town. We don't legislate. Our job is to get elected and STAY elected."

   Hafta say that the "1,600 pages" excuse is a gloriously bullshit one, not least because:
  • half of the document is tables/spreadsheets, by way of illustrating the points made in text;
  • there's a good bit of boiler-plate one can skip over;
  • Moe Udall had time to sign a committee report "apprvd, except for §1021 et seq.)"; and
  • all of the text pages are in narrow columns of  12 point or larger double-spaced type, not at all hard to read through. They're just lazy sons and daughters of dogs.
   2). The infamous, contra-constitutional section (§1021, and following (et sequitur) is so poorly drafted, as reads:

    (b) Covered Persons- A covered person under this section is any person as follows:
         (1) A person who planned…

…which could be interpreted so that "covered persons" actually means: "any person as follows a person who planned…," or "any person [who] follows a person who planned, …etc.
    In other words, I'd contend that it is possible to interpret this statute as one which labels the mere act of walking behind a person the gummint is suspicious of as criminal conduct. And the statute does not specify the following distance, how far behind the suspicious person is "far enough," or what following distance is "too close". And what of the case where people are in vehicles?  The statute is unconstitutional on its face, or as it's now put "facially unconstitutional." (One wonders what kind of "facials" are meant.)

    High school English would have taught the drafters of this legislation about the use of the colon in punctuation. That is, it's "shorthand" for "as follows", and is forever misused redundantly. Examples, as follows:  Read that as: "Examples, as follows as follows."  Proper use: "Examples:" or, to revise the stupidly written §1021, NADA 4 FY 2012,
"A covered person under this section is any person:
(1) who planned…" and so on.
    The good news is, as I said somewhere else, had not the NDAA (FY2012) been struck down in one district court, all of the people who walked behind Dick Cheney could be arrested and indefinitely detained.

    One other point: Notice that the forepart of the section begs the question, or uses a circular argument, in an attempt to render constitutional the the fact that the Authorization to use military force (AUMF), delegating the power to declare war from Congress to the Executive Branch, is itself Contra-Consitutional, and ditto the War Powers Act, upon which this house of cards all rests, DESPITE any iterations like the text below, which "reaffirmations" do not and cannot cure the unconstitutionality of the underlying attempt to delegate non-delegable powers to the president.

Subtitle D--Counterterrorism
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
    (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

Monday, June 4, 2012

Here's the NDAA for FY 2012, §1021 et seq., "Counterterrorism"


Subtitle D--Counterterrorism

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
    (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
    (b) Covered Persons- A covered person under this section is any person as follows:
      (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
      (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
    (c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
      (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
      (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
      (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
      (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.
    (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
    (e) Authorities- Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
    (f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).
SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
    (a) Custody Pending Disposition Under Law of War-
      (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
      (2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined--
        (A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
        (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
      (3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.
      (4) WAIVER FOR NATIONAL SECURITY- The President may waive the requirement of paragraph (1) if the President submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
    (b) Applicability to United States Citizens and Lawful Resident Aliens-
      (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
      (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
    (c) Implementation Procedures-
      (1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.
      (2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:
        (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.
        (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.
        (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation which is ongoing at the time the determination is made and does not require the interruption of any such ongoing interrogation.
        (D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other Government officials of the United States are granted access to an individual who remains in the custody of a third country.
        (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.
    (d) Authorities- Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless whether such covered person is held in military custody.
    (e) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.
SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
    (a) Procedures Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth procedures for implementing the periodic review process required by Executive Order No. 13567 for individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
    (b) Covered Matters- The procedures submitted under subsection (a) shall, at a minimum--
      (1) clarify that the purpose of the periodic review process is not to determine the legality of any detainee's law of war detention, but to make discretionary determinations whether or not a detainee represents a continuing threat to the security of the United States;
      (2) clarify that the Secretary of Defense is responsible for any final decision to release or transfer an individual detained in military custody at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Executive Order referred to in subsection (a), and that in making such a final decision, the Secretary shall consider the recommendation of a periodic review board or review committee established pursuant to such Executive Order, but shall not be bound by any such recommendation;
      (3) clarify that the periodic review process applies to any individual who is detained as an unprivileged enemy belligerent at United States Naval Station, Guantanamo Bay, Cuba, at any time; and
      (4) ensure that appropriate consideration is given to factors addressing the need for continued detention of the detainee, including--
        (A) the likelihood the detainee will resume terrorist activity if transferred or released;
        (B) the likelihood the detainee will reestablish ties with al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released;
        (C) the likelihood of family, tribal, or government rehabilitation or support for the detainee if transferred or released;
        (D) the likelihood the detainee may be subject to trial by military commission; and
        (E) any law enforcement interest in the detainee.
    (c) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--
      (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
      (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1024. PROCEDURES FOR STATUS DETERMINATIONS.
    (a) In General- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) for purposes of section 1021.
    (b) Elements of Procedures- The procedures required by this section shall provide for the following in the case of any unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use of Military Force:
      (1) A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent.
      (2) An unprivileged enemy belligerent may, at the election of the belligerent, be represented by military counsel at proceedings for the determination of status of the belligerent.
    (c) Applicability- The Secretary of Defense is not required to apply the procedures required by this section in the case of a person for whom habeas corpus review is available in a Federal court.
    (d) Report on Modification of Procedures- The Secretary of Defense shall submit to the appropriate committees of Congress a report on any modification of the procedures submitted under this section. The report on any such modification shall be so submitted not later than 60 days before the date on which such modification goes into effect.
    (e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--
      (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
      (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1025. REQUIREMENT FOR NATIONAL SECURITY PROTOCOLS GOVERNING DETAINEE COMMUNICATIONS.
    (a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to the congressional defense committees a national security protocol governing communications to and from individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), and related issues.
    (b) Contents- The protocol developed pursuant to subsection (a) shall include Department of Defense policies and procedures regarding each of the following:
      (1) Detainee access to military or civilian legal representation, or both, including any limitations on such access and the manner in which any applicable legal privileges will be balanced with national security considerations.
      (2) Detainee communications with persons other than Federal Government personnel and members of the Armed Forces, including meetings, mail, phone calls, and video teleconferences, including--
        (A) any limitations on categories of information that may be discussed or materials that may be shared; and
        (B) the process by which such communications or materials are to be monitored or reviewed.
      (3) The extent to which detainees may receive visits by persons other than military or civilian representatives.
      (4) The measures planned to be taken to implement and enforce the provisions of the protocol.
    (c) Updates- The Secretary of Defense shall notify the congressional defense committees of any significant change to the policies and procedures described in the protocol submitted pursuant to subsection (a) not later than 30 days after such change is made.
    (d) Form of Protocol- The protocol submitted pursuant to subsection (a) may be submitted in classified form.
SEC. 1026. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
    (a) In General- No amounts authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2012 may be used to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress.
    (b) Exception- The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
    (c) Individual Detained at Guantanamo Defined- In this section, the term `individual detained at Guantanamo' has the meaning given that term in section 1028(e)(2).
    (d) Repeal of Superseded Authority- Section 1034 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4353) is amended by striking subsections (a), (b), and (c).
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
    None of the funds authorized to be appropriated by this Act for fiscal year 2012 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--
      (1) is not a United States citizen or a member of the Armed Forces of the United States; and
      (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.
    (a) Certification Required Prior to Transfer-
      (1) IN GENERAL- Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise available to the Department of Defense for fiscal year 2012 to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.
      (2) EXCEPTION- Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate--
        (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or
        (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
    (b) Certification- A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, that--
      (1) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred--
        (A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
        (B) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;
        (C) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
        (D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;
        (E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and
        (F) has agreed to share with the United States any information that--
          (i) is related to the individual or any associates of the individual; and
          (ii) could affect the security of the United States, its citizens, or its allies; and
      (2) includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary's certifications.
    (c) Prohibition in Cases of Prior Confirmed Recidivism-
      (1) PROHIBITION- Except as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.
      (2) EXCEPTION- Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate--
        (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or
        (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
    (d) National Security Waiver-
      (1) IN GENERAL- The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by subsection (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that--
        (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
        (B) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;
        (C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and
        (D) the transfer is in the national security interests of the United States.
      (2) REPORTS- Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:
        (A) A copy of the determination and the waiver concerned.
        (B) A statement of the basis for the determination, including--
          (i) an explanation why the transfer is in the national security interests of the United States; and
          (ii) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the subparagraph to be waived have been completely eliminated.
        (C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the subparagraph or subsection to be waived.
        (D) The assessment required by subsection (b)(2).
    (e) Definitions- In this section:
      (1) The term `appropriate committees of Congress' means--
        (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
        (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
      (2) The term `individual detained at Guantanamo' means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--
        (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and
        (B) is--
          (i) in the custody or under the control of the Department of Defense; or
          (ii) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
      (3) The term `foreign terrorist organization' means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
    (f) Repeal of Superseded Authority- Section 1033 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4351) is repealed.
SEC. 1029. REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS.
    (a) In General- Before seeking an indictment of, or otherwise charging, an individual described in subsection (b) in a Federal court, the Attorney General shall consult with the Director of National Intelligence and the Secretary of Defense about--
      (1) whether the more appropriate forum for prosecution would be a Federal court or a military commission; and
      (2) whether the individual should be held in civilian custody or military custody pending prosecution.
    (b) Applicability- The consultation requirement in subsection (a) applies to--
      (1) a person who is subject to the requirements of section 1022, in accordance with a determination made pursuant to subsection (a)(2) of such section; and
      (2) any other person who is held in military detention outside of the United States pursuant to the authority affirmed by section 1021.
SEC. 1030. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION.
    (a) Clarification of Right- Section 949m(b)(2) of title 10, United States Code, is amended--
      (1) in subparagraph (C), by inserting before the semicolon the following: `, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title'; and
      (2) in subparagraph (D), by inserting `on the sentence' after `vote was taken'.
    (b) Pre-Trial Agreements- Section 949i of such title is amended--
      (1) in the first sentence of subsection (b)--
        (A) by inserting after `military judge' the following: `, including a charge or specification that has been referred capital,';
        (B) by inserting `by the military judge' after `may be entered'; and
        (C) by inserting `by the members' after `vote'; and
      (2) by adding at the end the following new subsection:
    `(c) Pre-Trial Agreements- (1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.
    `(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.'.
SEC. 1031. COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT.
    (a) Briefings Required- Beginning not later than March 1, 2012, the Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities involving special operations forces.
    (b) Elements- Each briefing under subsection (a) shall include each of the following:
      (1) A global update on activity within each geographic combatant command.
      (2) An overview of authorities and legal issues including limitations.
      (3) An outline of interagency activities and initiatives.
      (4) Any other matters the Secretary considers appropriate.
SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
    (a) Purpose- The purpose of this section is to improve interagency strategic planning and execution to more effectively integrate efforts to deny safe havens and strengthen at-risk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates.
    (b) National Security Planning Guidance-
      (1) GUIDANCE REQUIRED- The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a) to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of governmental and nongovernmental entities to work toward the goal of eliminating the ability of al-Qaeda and its violent extremist affiliates to establish or maintain safe havens.
      (2) CONTENTS OF GUIDANCE- The guidance required under paragraph (1) shall include each of the following:
        (A) A prioritized list of specified geographic areas that the President determines are necessary to address and an explicit discussion and list of the criteria or rationale used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of the United States to strengthen at-risk states or other entities in such areas.
        (B) For each specified geographic area, a description, analysis, and discussion of the core problems and contributing issues that allow or could allow al-Qaeda and its violent extremist affiliates to use the area as a safe haven from which to plan and launch attacks, engage in propaganda, or raise funds and other support, including any ongoing or potential radicalization of the population, or to use the area as a key transit route for personnel, weapons, funding, or other support.
        (C) A list of short-term, mid-term, and long-term goals for each specified geographic area, prioritized by importance.
        (D) A description of the role and mission of each Federal department and agency involved in executing the guidance, including the Departments of Defense, Justice, Treasury, and State and the Agency for International Development.
        (E) A description of gaps in United States capabilities to meet the goals listed pursuant to subparagraph (C), and the extent to which those gaps can be met through coordination with nongovernmental, international, or private sector organizations, entities, or companies.
      (3) REVIEW AND UPDATE OF GUIDANCE- The President shall review and update the guidance required under paragraph (1) as necessary. Any such review shall address each of the following:
        (A) The overall progress made toward achieving the goals listed pursuant to paragraph (2)(C), including an overall assessment of the progress in denying a safe haven to al-Qaeda and its violent extremist affiliates.
        (B) The performance of each Federal department and agency involved in executing the guidance.
        (C) The performance of the unified country team and appropriate combatant command, or in the case of a cross-border effort, country teams in the area and the appropriate combatant command.
        (D) Any addition to, deletion from, or change in the order of the prioritized list maintained pursuant to paragraph (2)(A).
      (4) SPECIFIED GEOGRAPHIC AREA DEFINED- In this subsection, the term `specified geographic area' means any country, subnational territory, or region--
        (A) that serves or may potentially serve as a safe haven for al-Qaeda or a violent extremist affiliate of al-Qaeda--
          (i) from which to plan and launch attacks, engage in propaganda, or raise funds and other support; or
          (ii) for use as a key transit route for personnel, weapons, funding, or other support; and
        (B) over which one or more governments or entities exert insufficient governmental or security control to deny al-Qaeda and its violent extremist affiliates the ability to establish a large scale presence.
SEC. 1033. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING TERRORISM.
    Section 127b of title 10, United States Code, is amended--
      (1) in subsection (c)(3)(C), by striking `September 30, 2011' and inserting `September 30, 2013'; and
      (2) in subsection (f)--
        (A) in paragraph (1), by striking `December' and inserting `February'; and
        (B) in paragraph (2)--
          (i) in subparagraph (C)(ii), by inserting `and the recipient's geographic location' after `reward'; and
          (ii) by adding at the end the following new subparagraphs:
        `(E) A description of the status of program implementation in each geographic combatant command.
        `(F) A description of efforts to coordinate and de-conflict the authority under subsection (a) with similar rewards programs administered by the United States Government.
        `(G) An assessment of the effectiveness of the program in meeting its objectives.'.
SEC. 1034. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS ACT OF 2009.
    (a) Reference to How Charges Are Made- Section 949a(b)(2)(C) of title 10, United States Code, is amended by striking `preferred' in clauses (i) and (ii) and inserting `sworn'.
    (b) Judges of United States Court of Military Commission Review- Section 949b(b) of such title is amended--
      (1) in paragraph (1)(A), by striking `a military appellate judge or other duly appointed judge under this chapter on' and inserting `a judge on';
      (2) in paragraph (2), by striking `a military appellate judge on' and inserting `a judge on'; and
      (3) in paragraph (3)(B), by striking `an appellate military judge or a duly appointed appellate judge on' and inserting `a judge on'.
    (c) Panels of United States Court of Military Commission Review- Section 950f(a) of such title is amended by striking `appellate military judges' in the second sentence and inserting `judges on the Court'.
    (d) Review of Final Judgments by United States Court of Appeals for the D.C. Circuit-
      (1) CLARIFICATION OF MATTER SUBJECT TO REVIEW- Subsection (a) of section 950g of such title is amended by inserting `as affirmed or set aside as incorrect in law by' after `where applicable,'.
      (2) CLARIFICATION ON TIME FOR SEEKING REVIEW- Subsection (c) of such section is amended--
        (A) in the matter preceding paragraph (1), by striking `by the accused' and all that follows through `which--' and inserting `in the Court of Appeals--';
        (B) in paragraph (1)--
          (i) by inserting `not later than 20 days after the date on which' after `(1)'; and
          (ii) by striking `on the accused or on defense counsel' and inserting `on the parties'; and
        (C) in paragraph (2)--
          (i) by inserting `if' after `(2)'; and
          (ii) by inserting before the period the following: `, not later than 20 days after the date on which such notice is submitted'.

Sunday, June 3, 2012

Are Gummint Reform Groups (OWS, Truth, Tea) Wasting Their Time?


 As I come up for air from a Netflix binge of French, German, Japanese, Korean, Belgian, Italian relationship flix and a few WWII docs, cancel Netflix once again, I'm more convinced than ever that the 99% Movements, the 9/11Truth and Occupy Wall Street and End The Wars movements, the anti-Militarizing-of-America efforts and most all other government-correcting, playing-field-leveling, Constitution-restoring, Bankster-restraining,  efforts are achieving far too little for the great amount of energy expended, and at too slow a pace.


    The first thing to remember — and the first, and most important "new context" for the activities of these groups, is to take to heart the lessons taught us so well by our government. The first of them is: Repetition, repetition, repetition. And to take as a given, and act from that ground, that all of the assertions we have made about the terrorizing conditions in our country for the past decades, particularly since 9/11/2001, are the truth. And those who cannot see that, are in extreme denial about the condition of our contract with the government we created in 1791, December 15th, with the ratification of the Bill of Rights, completing the Constitution, for the time being.


   These statements of ours are not arguing points; they are facts. For example: 9/11/2001 was an inside job. It was a standard, and very successful "False Flag Operation." That is, a clandestine operation conducted by one group to frame up, blame another group, in this case, the Nation of Islam (the 2nd most practiced religion in the world after "christianity"), and the one most practiced in areas on the globe which oil, gas and mineral resources US multi-nationals want to control, using the US military as a free private police force. (Free, that is, except for a continuing slurry of "campaign contributions" to keep the government from pulling the troops. See Smedley Butler's War Is A Racket — racket in the Al Capone sense.)


  The 9/11 operation was conceived, planned and executed by as-yet-unidentified highly and/or critically placed members of our government, allies, current and/or former members of the Military-Industrial-Legislative-Expionage Complex, which has metastasized into a global cancer since Eisenhower warned us about it. This is a given.


   This is what the facts tell us. That's what the explosive demolition of #7 WTC, #2 WTC, and #1 WTC tells everyone who's ever looked at the pictures of 9/11/2001. That's what the 16-foot guided missile hole in the Pentagon tells us, along with the internal explosions before it hit. That's what the eight-mile by one-mile swath of airline detritus left in Pennsylvania tells us — that a large airliner was blown out of the sky by a missile or missiles.


     And that's what the government's destruction of all the evidence it could reach, and its refusal to produce all the evidence it sequestered on 9/11/2001 proves to us. Namely, if the government had nothing to hide, there would be no reason not to bring forth the evidence and display it to the citizens of the United States. That's what all the fake "investigations" and fraudulent analyses prove to us. They're covering up their complicity. If they had nothing to hide, they wouldn't have to lie and lie and lie.


    So let's stop arguing about such matters, and get to the next step, which is the identification of the responsible individuals. For starters we identify who benefitted from this attack on their fellow countrymen. And the list of obvious beneficiaries, who we should look at first, is not all that difficult to create:

  • People engaged in the oil business and wanted to secure their pipeline through Afghanistan and wanted access to Iraq's oil reserves. This would put in play all of Dick Cheney's Big Oil, Big Energy buddies (and GW Bush's, as well). So it's a full-court press with FOI actions.
  • People who thought the US ought to escalate its competition-free arms race to take over the world and the space around it--and knew that something like "a new Pearl Harbor" would be required to frighten citizens into giving up their money and their freedom without complaint. This puts into play the players in the "Project for a New American Century." Here's the list: PNAC.
  • People involved in the NYC real estate market, particularly Larry Silverstein, the lessee of the WTC, who wanted to tear down all the unprofitable, "white elephant" buildings on the site and do an "urban renewal thing"
  • Connected people on Wall Street who could benefit from insider trading from the impending operation.
  • People whose military/political careers would benefit from payoffs and other rewards for helping to make 9/11 happen. Nationally, of course, it would be all the military personnel who got promotions and raises, essentially for failing to keep America safe from all enemies, foreign and domestic (despite a multi-trillion-dollar "defense establishment, The Finest In The World" (tell that to the survivors, OK?)) It would include all the members of
  • People whose geopolitical posture would be improved if Iraq (and Iran, and Syria and Lebanon, and Jordan and Egypt...) were destroyed. We can ask Henry The K. and that other guy if that's just Israel, or includes the UK and other players as well. Using that line, By their deeds, shall ye know them, certainly the UK and Israel piled on for the "retaliatory attacks."
  I would direct your attention to § 1021 (b) (1) "A person who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks". I couldn't find the official printed version from the USGPO--server too busy, down, or whatever (Monkey business? Track-covering?). Assuming this from Thomas.gov is accurate, §1021(b)(1) shows how the government keeps assuming that it is right (repetition, repetition, repetition), and that there WERE "terrorist attacks that occurred on Sept 11.  But the broad language of the statute could be a nice boomerang to use, because, under our set of givens, it was American nationals who "planned, authorized, committed" 9/11.


   In other words, this sub-sub-section actually encourages all of us to "detain [them— the perps] under the law of war, without trial, until the end of the hostilities authorized by the Authorization for Use of Military Force." Of course, we wouldn't use the Military Commissions Act of 2009, because that's already (or soon to be) held unconstitutional, as well.
    Of course, now we have to revisit the Sept. 18, 2001 Authorization for Use of Military Force, which says:

      (1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
      (2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

    …and sends us back further to the War Powers Resolution, §8(a)(1):




  Yes, a glimmer of hope, in that federal district court judge Katherine Forrest, on May 16, 2012 in late afternoon — struck down §1021 et sequitur of the December 31, 2011 National Defense Authorization Act for fiscal 2012 (NDAA) that Obama sneakily signed on New Year's Eve. Section 1021 of that NDAA said this:

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
    (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
    (b) Covered Persons- A covered person under this section is any person as follows:
    (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
    (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
    (c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
    (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
    (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
    (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
    (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.
    (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
    (e) Authorities- Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
    (f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).














(On 12/31/2011, H.R. 1450 Became Public Law No: 112-081 [Text, PDF]
 which repealed the Writ of Habeas Corpus and which "allowed" the US standing military to act as local police forces, we're not accomplishing everything we need to in the time allotted to us on this mortal coil. And, oh by the way, because that part of the NDAA, entitled "Terrorism blah blah" (look up) was unconstitutional on its face, that means every single member of congress who voted for it, broke his or her oath of office in doing so. Which, in my opinion, means that every one of those antinomian heretics (AHs) should be impeached.
    First off, we're actually playing into the hands of the PowerzThatB (PTB) by arguing that things as they are must change. In other words, we're arguing within the context of "things as they are" and proposing critiques, changes, etc.
     Seems to me that that is arguing within the frame/context created by others. What must be done instead is to enlarge our rhetorical frame, so that it surrounds, encompasses and thereby reduces the grip of the quotidian propaganda machine, which has had many years, from World War I on, to adjust and improve itself. (See Propaganda, by Freud's nephew Edward Bernays; Falsehood In War Time, byArt Ponsonby.)
   We could take it that all our arguments have already been won, then speak and conduct ourselves accordingly. Take as an example, Dennis Kucinich's 35-count Impeachment Resolution re: then-sitting Unitary Liar-In-Chief George W. Bush. 
    Some possibilities, examples (and this is but a rough first draft):

    Fracking: Take it as a given that big oil is using poisonous chemicals to fracture oil shale deposits with heated chemicals under great pressure. Why else would they refuse to divulge the composition of the fracking chemicals? They may claim "trade secrets" and "competition," but Halliburton is the sub-contractor of all the pumping gear and fluid for all the fracking wells being drilled. So, within that larger framework, what's to be done? Start drafting legislation for your city council, state legislature, congress reps & sens on the liability levels, performance bonds, health insurance for all adjacent hominids and quadrupeds, severe limits on the composition of fracking fluid. Get insurance companies to write actual policies which you submit to your legislatures. Draft proposed rules for your local "environmental protection" agencies. The legislation you draft will have "Whereas" clauses like "Whereas the natural gas wells [give specifics] are poisoning the water table and aquifers beneath [locations] with gene-altering and cancer-causing chemicals"... and so on, stating the condition of the world with your arguments already won. 
    When Big Oil protests (like, that their chemical feast is not carcinogenic, not genetically hazardous), the retort is quite simple: Prove it. Legislation is ("famous footnote four") assumed (by a very lazy Supreme Court) to be Constitutional if it merely states a valid "legislative purpose". Imagine that! The Usapat Riot act "presumed constitutional," when in fact, every act by every legislature should be presumed UNconstitutional. But while things-as-they-are are topsy-turvey in Amercia (Mitt's spelling), let's use them to our advantage.
    When Obama, say, claims that Osama bin Laden has been killed, the response should be, "Prove it. Because (our arguments having been won) the world knows he died in 2006, of complications to his renal failure. So the gummint says, we buried him at sea. We say, you have the geo-coordinates, go bring him back up. We won't accept anything you say without physical evidence. Bring forth the corpus delicti. But we have pictures and video and audio. Great, we reply; let's have them, along with the complete chain of possession, just as in a court of law. If they refuse to bring forth the evidence to prove, beyond a reasonable doubt, that what they claim, what they say, is true, then we've won the case, and continue to recite (propaganda 101) that fact in all venues. Remember, we are in an adversarial relationship with a government intent upon taking our money, our freedoms...and, one suspects, our lives and the lives of our children. And the three operative guide-words concerning influencing the public are: Repetition, repetition, repetition.

Another example:

    Because it is a given that a missile hit the Pentagon (for why else would the gummint refuse to make public the private surveillance tapes the FBI confiscated on 9/11, minutes after the strike?), we go forward with our arguments won.
   So, what's the next step? We want to discover WHICH kind of missile and launch modality was employed. We make massive FOI demands for all missile specs, tests, etc., the military can access. FOI act requests for all the equipment logs/census/location of all military missile ordnance. If the prosecutors in Pennsylvania, Virginia and New York City refuse to bring murder prosecutions, then draft and file a civil wrongful death lawsuit for every victim, the grounds for which (the complaint) include the SecDef being AWOL from his official post, out in "the front yard," trying to appear "helpful" and concerned. 
   Because we know that on 9/11/2001 there were concurrently some 16 (sixteen) "war games" or "military exercises," all or almost all of which involved radar, air control facilities and monitors and software, simulated and actual flying aircraft, we track down the chain of military command as to who creates and who orders and who signs off on pre-2001 "war games," and, more specifically, who signed off on the 2001 war games, what was the inventory in men and materiel,  who were the "players" for each, or every side, what were the objectives, what were the "lessons learned" (like, "remember your promise to protect and defend the US Constitution before you let treasonous big- and little-wigs order up anything that smacks of something out of the ordinary. Remember, our arguments having been won already that 16 war games was an extraordinary, what's going on here, anyway? occurrence, and we need to find the culprit or culprits. Lawsuits, draft legislation (that We the People write--there is no earthly reason to imagine, any longer, that we'll have any help from "the People's House," because it has not been that for a long, long time.)
    Remember well that this is no longer a game of dueling press releases. It is, instead, a duel between the substantive indicia of the People's enumerated and unenumerated "retained rights" and the People's "reserved powers" under the 9th and 10th amendments, respectively. And by "substantive indicia," I mean real, workable drafts of legislation (the submission of which to our "representatives," we cover with our mini-cams, our iPod and iPad cams, our cell-phone cams, and distribute on the Internet, acting as The Citizens Global Investigating and Reporting Network (or some name with greater coolth). Our press "advisories" can quote excerpts from resolutions, bills submitted, bills presented to our "reps," bills presented and refused by our reps. All covered.

Another scenario:
   It's a given that explosives and "thermetic compounds" brought down #7 WTC, #2 WTC and #1 WTC on 9/11/01, because that's the only causality that encompasses all the evidence of all witnesses, physical evidence. And it's a given that a contract to install and rig all these explosives was created, in some form or other.
   So we find out all the details of all the firms competent to do such a large task, where the goal of bringing down #1 and #2 is to make a spectacle that will be "burned into the mind's eye" of every person the world over, and the goal of bringing down #7 WTC was the more conventional one of "imploding" the building into its own sub-basements without damaging the three buildings adjacent to it (which would increase the cost of the "pull" and excite more interested parties, increasing the risk of discovery).
   We find and examine all of the records dealing with explosive demolition permits requested by the Port Authority and denied by the city's building department and EPA because of the heavy asbestos contamination that would naturally be caused by such demolitions. Because these are gummint orgs, we use FOI requests, we get names from the unearthed documents. 
    Because it takes time to set up such a set of high-rise demolitions charges, bombs, etc., we go after all the records of elevator maintenance, security firms, memos, emails, Because Israeli troops were arrested on the afternoon of 9/11/2001 in bomb-laden truck or trucks, we get the names of those arrested, whether via FOI or friends in low places, such as in Haifa, or Herzliyya, or Tel Aviv, or wherever Israeli EOD experts are trained. We test the limits of Israel's freedom of information laws (if any)--and/or have our friends fluent in Hebrew actually draft the legislation required to provide for citizen access to the files of their gummint that we seek. 

   Because we know that it is a crime to destroy or tamper with a crime scene (all of us CSI--crime scene investigators--aficionados and addicts), we use FOI requests to discover who authorized the removal/cleansing of "ground Zero," who drew up the contract, did Giuliani sign it, what was in the contract, who did the work (I think it was Explosive Demolition, Inc., one of the most broadly and deeply specialized companies in explosive demolition (hence the name), how much it cost, where did the steel go, who in the military decided that it would be a great joke to melt down some of it and cast it into the huge proboscis of the USNS Manhattan, an ice-breaker—evidence literally IN our nose and yet unavailable (they must have been fairly well educated to recall the Eternal Torture of Tantalus—the dehydration-slaking grapes above him just out of reach, and the pool of water below that drained away as he sought to drink. That must have had 'em rolling in the Pentagon hallways).
    And who were the drivers of these trucks, who owned them, whose equipment was used to lift the readied-for-removal-by-explosives remains of the three buildings into the trucks, who were the equipment operators, and so on.


Another:
   Because it's a given that almost every member of Congress is supporting the slow but accelerating march to martial law--because they keep passing unconstitutional laws, starting with the Usapat Riot Act (aka U.S.A.P.A.T.R.I.O.T. act) in 2001), whose only effect is to eliminate the people's primary power over government, along with all our enumerated and unenumerated retained rights and reserved powers (Preamble, Writ of Habeas Corpus, 1st thru 8th Amendments, and, most importantly, the 9th and 10th Amendments), it is time to find a path for accountability that's shorter than every two years (or four, or six). So, in the larger frame, we can take it as a given that virtually every member of congress, the president and veep have broken their oaths of office and should be removed therefrom, by impeachment. Or, if they have left office, "brought to Justice," to discover what the blindfolded lady has to say about the matter(s). (That's a joke. But given that sooo many of our solons keep talking about "bringing people to Justice,"--without ever commencing a prosecution, I thought something of a New Yorker cartoon would be in order (but I can't draw and haven't won a "caption-writing contest" yet). So what we need here, too, is for citizens to draft the Grand Jury presentments/indictments, and, in large groups, present these citizen indictments to the relevant (with jurisdiction) district attorneys and federal [non]prosecutors. 
    Now, how do we track this business of honoring oaths of office? Well, I have one incomplete project which takes this approach. I've broken the Constitution down into 250 "action phrases" or "crucial idea" phrases, and placed a Yes and a No checkbox before each. I will send these "Constitution In Questionnaire Form"™© 2012 by Bill Wilt, etc. to each of the gang of 536 (the President has his own special oath), and asking them to fill it out. I plan to have filled each questionnaire out, online, in advance. (For example, when Pelosi was Speaker, she de facto repealed the Impeachment machinery in the constitution--and also bypassed all of Article V, which sets out the ONLY procedures by which the constitution can be amended. So I would have checked the "NO" box for clauses 16, 23, 27, 105, 115 and 133. And because the Speaker amended the Constitution unilaterally, I would have also checked the “No” boxes for clauses 158, 159, 160, 161, 162 and 163, or 12 out of 250, for a "support and defend" grade of 95%. Of course, the oath of office offers no such flexibility, so she lied 12 times, or 5% of the time, when she took her oath of office.
     In 2008, had Mitt Ronmy acceded to the presidency, I would have checked No at Article I, §8, ¶ 12 (questionnaire clause 64), beside  “To declare war,” because in the campaign debates, Mr. Romney publicly stated his preference to “Check with my lawyers” rather than accede to the Constitution and Congress’s sole power to declare war.
     This project will, like all the others, require time and volunteers and a website or two. But inasmuch as unemployment is back up to nearly 15% (14.8--U-6, 1June2012), there are probably some folks who could donate some time. The Constitutional Questionnaire essentially must be updated after every recorded vote in congress. And some determination as to its constitutionality made. It might be necessary to assign full-time "minders" to our congress group, to track their use of time. Seems to me that "following our congress folk around day in and day out" is one of the 10th Amendment powers "reserved…to the People." If not that, it would be an "other right retained by the People," per the 9th Amendment.
    More labor-intensive than the above would be to extend the reach of the Constitution In Questionnaire Form™©, to also cover all state officials. These folks are mandated, by the US Constitution (Article VI my clause 169), to swear (or affirm) the same oath as congressfolk are. I'm not certain whether it goes down to the level of Justice of the Peace. But that adds another several thousand to the pool of oath-takers. And of course every person in the military takes that same oath, from the Joint Chiefs of staff to the lowliest private E-1 (no chevron), as do Justices of the Supreme Court and all federal courts, and every federal employee. There's a whole lotta work to be done to exercise this People's Oversight.

Later: the banksters
    It's a given that the private central banks control the world economy and are transferring public money into private hands at an ever increasing rate. That's why states are going bankrupt, state schools and colleges are being shuttered--and private central banksters are in every government, controlling the Treasury, regardless of what party controls the Executive Branch.

Unitary Liar-In-Chief:
    And it's a given that, regardless of what party controls the Executive Branch, the guy at the top is the Unitary Liar-In-Chief, and whatever he or the rest of the branch members say must be assumed to be a lie, unless proven otherwise, and whatever actions he or the rest of the branch members take must be assumed to be unconstitutional, unless proven otherwise--beyond a reasonable doubt.


 draft postscript:

   I had hoped that "change we could believe in" would translate into Actions In Concert With the Constitution, that the new leader would "preserve, protect and defend" the Constitution, and that he would indeed "take Care that the Laws be faithfully executed." But the only thing being faithfully executed is US citizens who are living abroad as members of the fall-guy religion, Islam, framed in the history's most stunningly successful False Flag Operation, 9/11/2001. And, sadly, these assassinations of US citizens, ordered by the Unitary Liar-In-Chief, will be limited to foreign lands only for the time being, given that the fleet of Assassin Drones is expanding rapidly and being deployed all over the United States, in the hands of the coalescing military-intelligence-guardia-nationale-state-and-local police complex.