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DID BUSH BREAK THE LAW.??.......I Certainly Never Saw this.

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bush equals idiot Donating Member (757 posts) Send PM | Profile | Ignore Mon Sep-27-04 03:26 PM
Original message
DID BUSH BREAK THE LAW.??.......I Certainly Never Saw this.
I certainly don't remember anyone saying he'd done this. Where is this report? How do we know this was done? It was required.

TEXT SECTION FROM IRAQ WAR RESOLUTION




SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be 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.

(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 resolution 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 terrorists attacks that occurred on September 11, 2001.

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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 03:31 PM
Response to Original message
1. excellent question
Edited on Mon Sep-27-04 03:31 PM by grasswire
You might get the answer by calling John Conyers' office. They would be on top of it, I think.

And please post anything you find to DU.
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MajorFlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:01 PM
Response to Original message
2. The speaker of the house is Hastert and the President pro tempore of
the Senate is Cheney, so don't expect any help coming from that direction.
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DieboldMustDie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:41 PM
Response to Reply #2
6. The President pro tempore of the Senate is Ted Stevens of Alaska.
Cheney is President of the Senate.
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MajorFlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 05:03 PM
Response to Reply #6
9. You are correct. The President pro tempore's job doesn't exist unless
the VP is unavailable. Oops, mea culpa, and an apology.
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:04 PM
Response to Original message
3. I remember a news report from March 2003
Edited on Mon Sep-27-04 04:05 PM by tritsofme
When Operation Quagmire started, saying he called together Congressional leaders and told them he would be exercising his authority to use force, and that's all he had to tell them, and then he walked out of the room.
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cheshire Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:07 PM
Response to Original message
4. Is this the authority the senate gave *? If so it's been said by Kerry .
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:12 PM
Response to Original message
5. I seem to remember reading that he did send a letter later...
and that he covered the "exhausting all other options" meaning of diplomatic or peaceful means when he gave Saddam 48 hours to get out of town...
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AnIndependentTexan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:53 PM
Response to Original message
7. is there anyway this can be used?
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sofa king Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 04:59 PM
Response to Original message
8. I do believe this is John Dean's argument for impeachment.
Worse Than Watergate, p. 148:

"...Congress wanted a formal determination submitted to it either before using force or within 48 hours of having done so, stating that the president had found that (1) further diplomatic means alone would not resolve the "continuing threat" (meaning WMD) and (2) the military action was part of the overall response to terrorism, including dealing with those involved in "the terrorist attacks that occurred on September 11, 2001." In short, Congress insisted that there be evidence of two points that were the centerpiece of Bush's argument for the war.

"On March 18, 2003, Bush sent his formal "determination" to Congress.... His letter merely tracked the exact language of the statute, making that language his determination."
___________________

Dean then describes the report submitted with the "determination" as bullshit. I don't want to quote any more of the book, but the upshot is this. The report relies upon supposed findings by Congress which did not exist. You can read the Adobe .pdf file here:

http://www.c-span.org/executive/presidential/Report107_243.pdf

Since this is public domain, it's worth quoting the relevant part:

________________

In Public Law 107-243, Congress made a number of findings
concerning Iraq’s support for international terrorism. Among
other things, Congress determined that:

• Members of al Qaida, 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.

• Iraq continues to aid and harbor other international
terrorist organizations, including organizations that
threaten the lives and safety of United States citizens.

• It is in the national security interests of the United
States and in furtherance of the war on terrorism that all
relevant United Nations Security Council resolutions be
enforced, including through the use of force if necessary.

In addition, the Secretary of State’s address to the UN on
February 5, 2003 revealed a terrorist training area in
northeastern Iraq with ties to Iraqi intelligence and
activities of al Qaida affiliates in Baghdad. Public reports
indicate that Iraq is currently harboring senior members of
a terrorist network led by Abu Musab al-Zarqawi, a close al
Qaida associate. In addition, Iraq has provided training in
document forgery and explosives to al Qaida. Other terrorist
groups have been supported by Iraq over past years.
________________

Public Law 107-243 is the law that requires that the President investigate and make the report. The President, in turn, is quoting the preface of the public law as his justification. The supplemental evidence provided is total bullshit--seriously, http://black-cat.fsbusiness.co.uk/bullshit.html">just ask the guy who delivered it to the United Nations. (And those "public reports" of Zarqawi in Iraq? I'm not much of a betting man, but if I could fire up the Lexis news search I'll bet I'd catch me a Fox.)

According to Dean, this constitutes a willful deception of Congress, which is an impeachable offense.


I have to drop in one more John Dean quote, just for you grizzled old Nixon-fighters who must have torn your hair out well before now. It's relevant, because he's describing the unresearched determinations that preface PL 107-243, which the president quoted back to Congress as his justification for going to war:

"These clauses are introductory or prefatory statements meaning "considering that" or "that being the case." They are, however, only legalese window dressing, opinions at best, and not part of the operative provisions." (p.147)

Somewhere in Hell, Ron Ziegler is screaming.

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dennis4868 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-27-04 05:05 PM
Response to Reply #8
10. Worse than Watergate.....
should be required reading for EVERYONE VOTING IN NOVEMBER!
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